Showing posts with label first amendment. Show all posts
Showing posts with label first amendment. Show all posts

Monday, March 4, 2013

Lawyer Kim Greene wins UK's James Madison Award for service to the First Amendment

Kim Greene, who was one of Kentucky's leading First Amendment lawyers, received the James Madison Award tonight from the Scripps Howard First Amendment Center in the School of Journalism and Telecommunications at the University of Kentucky. The center presents the award for outstanding service to the First Amendment by someone with ties to Kentucky.

Greene, of Louisville, was instrumental in starting the Freedom of Information Hotline for the Kentucky Press Association in 1986. It remains the only such free hotline for newspapers in the U.S. In 1996 she helped start KPA's Legal Defense Fund Hotline. She was named KPA's most valuable member in 2001.

Greene represented many Kentucky newsrooms. Max Heath, who was executive editor of Landmark Community Newspapers, said in his nomination that she was "a velvet hammer" as an attorney, always smooth and professional but firm in her advocacy. She won the First Prize from the Louisville Chapter of the Society of Professional Journalists in 2005 for her First Amendment work.

Greene, a native of Ashland, told the crowd at UK's Young Library Auditorium that she fell in love with the First Amendment when she was in law school, then with journalists who used it to serve the public. "The First Amendment is just that special ingredient that makes our country so different from all others," she said.

Greene told the student journalists in the audience, "there's hardly any more important work in our country that you could be doing." She is married to First Amendment lawyer Jon Fleischaker, won won the Madison Award several years ago.

Grayson, left, speaks with UK accounting
senior Aleksey Graboviy after his speech.
(Kentucky Kernel photo by Tessa Lighty)
The award was presented at the center's annual Celebration of the First Amendment. The annual "State of the First Amendment" address was given by Trey Grayson, director of the Institute on Politics in the John F. Kennedy School of Government at Harvard University and Kentucky's secretary of state from 2004 to 2011.

Grayson spoke on occasional conflicts of the First Amendment with the right to vote, as seen in news-media coverage of voting and the ubiquity of cameras, which pose threats to the privacy of voting, and Kentucky's law on electioneering near voting places, passed after a federal appeals court struck down a ban on electioneering within 500 feet of the polls, with an exception for private property. Current law sets a 300-foot limit with no private-property exception, and "That strikes me as still being a little broad," Grayson said.

Wednesday, December 19, 2012

Sun gives police letter alleging schools' laxity about weapons, but honors request for anonymity

A newspaper in a Kentucky county that had one of the first mass school shootings gave police a letter it received from a student alleging lax enforcement of rules about weapons on campus, but refused to identify the student, who asked to remain anyonmous. The Paducah Sun gave the McCracken County Sheriff's Department a copy of the letter about Reidland High School on Monday "after a reporter called the department . . . although the name of the author was not included," the paper reported Tuesday in a non-bylined story.

Reidland High School
The story quoted from the letter: “Someone who sits in class with us, who has brought weapons twice ... has yet to be punished for anything.” It "does not mention the person’s name," the story says. "It adds that the person has plotted attack sites around the school area and asks why school administrators are afraid to enforce school rules. The letter does not contain any specific threats of violence, just the student’s observations."

After being told about the letter, police and school officials decided to close the school and the attached Reidland Middle School. “School will not be in session until the threat has been adequately investigated,” Sheriff Jon Hayden wrote on his department's Facebook page. The paper's story is here; the letter is here.

Reidland (A) and Heath (B) schools (Google map)
On Dec. 1, 1997, a student at a high school on the other side of Paducah fired on a group of students at a prayer meeting, killing three and injuring five. He pleaded guilty but mentally ill and was given life in prison with the possibility of parole in 25 years. "A federal appeals court panel is considering whether Heath High School gunman Michael Carneal should be allowed to take back his guilty plea and get a trial," Angela Hatton of WKMS in Murray reports.

The Wednesday, Dec. 19 Sun has a copy of the letter, a story about an unnamed teacher who says she prompted it, and a column from Editor Jim Paxton explaining the paper's handling of the matter: "Newspapers by statute in Kentucky have a right to protect the identity of their sources, just as law enforcement agencies do. Absent that ability, we would never be able to develop the type of information that is reported in today’s lead story about the school threat issue, information we believe most readers will agree sorely needs to see the light of day." Paxton said the paper asked the student's parents if he could speak to the sheriff's department if his confidentiality was protected. "The parents expressed reservations, noting their son is a juvenile. We advised investigators of the parents’ position, but said we would continue to try to broker a resolution that would allow investigators to speak to the student directly."

Paxton says a press release from the sheriff's department at 10:30 p.m. Monday "was at best disingenuous and at worst defamatory. The release was crafted in such a way as to make it appear that the newspaper had received a letter from an individual who had directly threatened the high school and we were refusing to tell authorities his name citing 'journalistic ethics.' The release didn’t say that specifically, but it was clearly intended to be interpreted that way, and it was." That release appeared to be the basis for a story by WPSD-TV, also owned by Paducah-based Paxton Media Group. The county school superintendent sent a similar message to school-district employees.

"The effect was as officials planned," Paxton writes. "People called to cancel subscriptions. Advertisers called threatening to pull out of our newspaper. Profane comments poured onto our Facebook page." And though the paper's First Amendment lawyer said it had an absolute right to withhold the student's name, "we continued working to broker a resolution, and later that morning, our source, his parents, and an adult employee of the school system who we learned was our source’s source agreed to meet here at the newspaper with Sheriff Hayden. While we were in the process of setting that meeting up, a sheriff’s detective showed up in our offices with grand jury subpoenas demanding that Executive Editor Duke Conover and yours truly appear in less than two hours before a grand jury along with the letter disclosing the identity of our source. (In what can only be described as a show of belligerence, the sheriff’s detective undertook to 'read' the subpoena to Conover in Conover’s office while Conover was engaged in a phone call. First, that’s hard to do, since subpoenas mostly have boxes and checkmarks on them. Second, legally, it has no effect. Subpoenas are simply supposed to be delivered, and sheriff’s deputies are well aware of that.)" Paxton, a lawyer, writes that the subpoenas were illegal and "purely an effort to intimidate a news organization. We doubt Kentucky’s attorney discipline board will smile on this exercise."

In the end, Paxton reports, "Our source and others familiar with this matter did meet in our offices with the sheriff, and as today’s lead story indicates, much was learned. Interestingly, some of what was learned was very unflattering to school administrators and others in the school system. Meanwhile, we as a newspaper remain puzzled by the scorched earth approach taken by local officials involved here." (Read more; subscription may be required)

Sheriff Hayden issued a press release Tuesday night saying that the alleged threat was a misinterpretation of two students' conversation about explosions in a video game, which had been investigated and cleared. "Had investigators been provided contact information sooner, this incident could have been cleared up much quicker," Hayden said.

Thursday, November 22, 2012

Federal judge keeps ban on contacting jurors but will contact them on behalf of Herald-Leader

U.S. District Judge Greg Van Tatenhove is allowing the Lexington Herald-Leader to contact certain jurors in the groundbreaking case of kidnapping and assault of a gay man in Harlan County, but he  declined to strike down a Kentucky federal-court rule against contacting jurors in criminal trials.

"Jason and Anthony Jenkins were charged with attacking the victim, Kevin Pennington, in April 2011 because of his sexual orientation," a hate crime, Bill Estep of the Herald-Leader recounts. "The Jenkins cousins were the first people in the nation tried under a section of the federal hate-crime law that makes it illegal to injure someone because of the victim's real or perceived sexual orientation."

The jury convicted the cousins on kidnapping and conspiracy charges Oct. 24 but acquitted them of the hate-crime charge. "That was a setback for the government in its first attempt to win a conviction at trial under the gay-bias section of the hate-crime law," Estep notes. "The Herald-Leader refrained from contacting jurors for comment on their reasoning in the decision because of a court rule."

The newspaper asked Van Tatenhove to strike down the rule as an unconstitutional infringement of its First Amendment right to gather news. The judge declined, but noting that the rule allows journalists to contact jurors with a judge's permission, said he would ask the jurors if they are willing to be interviewed and provide the names to the paper. (Read more)
Read more here: http://www.kentucky.com/2012/11/21/2416764/judge-allows-newspaper-to-contact.html#emlnl=Breaking_news#storylink=cpy

Sunday, November 13, 2011

UK hosts annual First Amendment Celebration

An award-winning investigative reporter, author and journalism professor will deliver the annual State of the First Amendment Address at the University of Kentucky Tuesday, Nov. 15.

Mark Feldstein, author of "Poisoning the Press," is the featured speaker at the annual First Amendment Celebration sponsored by the Scripps Howard First Amendment Center and the UK School of Journalism and Telecommunications.

Feldstein worked as an on-air investigative correspondent at CNN, ABC News, and several local television stations during a 20-year career. For his work, he won the Edward R. Murrow broadcasting prize and two George Foster Peabody medallions.

And for his work, he was beaten up in the United States, detained and censored by government authorities in Egypt, and escorted out of Haiti under armed guard. His exposes led to resignations, firings, multimillion-dollar fines and prison terms.

Feldstein’s 2010 book, "Poisoning The Press," documents the bitter relationship between Jack Anderson, a journalist whose column damaged and destroyed political careers, and President Richard Nixon. Feldstein was once an intern for Anderson, whose column, "Washington Merry Go-Round," was immensely popular. The book has received widespread critical acclaim and earned top academic awards for research.

Feldstein is a graduate of Harvard and earned his doctorate at the University of North Carolina at Chapel Hill. He is the Richard Eaton Professor of Broadcast Journalism at the University of Maryland.

Feldstein has been published in numerous peer-reviewed journals; he has also won awards for his scholarship from the American Journalism Historians Association and other academic organizations. He is widely quoted as a media analyst by leading news outlets in the United States and abroad, and has testified as an expert witness on First Amendment issues in court cases and before Congress.

The State of the First Amendment Address will be given in Room 106 of the White Hall Classroom Building. The program begins at 5:30 p.m., Tuesday, Nov. 15, and is free and open to the public.

At the celebration, Al Smith will be presented with the annual James Madison Award for Service to the First Amendment. Smith, a Kentucky editor and publisher, founded and hosted Kentucky Educational Television’s “Comment on Kentucky” program, a weekly discussion of public affairs.

The Scripps Howard First Amendment Center, housed in the university’s School of Journalism and Telecommunications, seeks to promote understanding of the First Amendment among citizens of Kentucky, to advocate for First Amendment rights in the Commonwealth and nationally, and to produce internationally recognized scholarship concerning the First Amendment and its related freedoms.

Al Smith to receive James Madison Award

Al Smith, who created "Comment on Kentucky," a statewide forum that has fostered public discussion of Kentucky policy and politics, has been chosen the 2011 recipient of the James Madison Award for service to the First Amendment.

Smith will receive the award on Tuesday, Nov. 15, at the annual First Amendment Celebration held by the Scripps Howard First Amendment Center and the University of Kentucky School of Journalism and Telecommunications.

The award is presented annually to a Kentuckian who has made a significant contribution to the values embodied in the First Amendment's guarantee of freedom of speech and of the press. During his distinguished career, Smith was a tireless advocate for open government as a newspaper editor, publisher and industry leader, and television program producer.

“Throughout his distinguished career, Al Smith has promoted and fought for the values that embody our treasured freedoms of expression," Mike Farrell, director of the Scripps Howard First Amendment Center, said. "His life’s work, as a faithful steward of the First Amendment, has enlightened citizens, invigorated our public discourse and held the powerful accountable. Kentucky has been blessed because Al Smith made the state his home and because journalism was his calling.”

"Comment on Kentucky,” a public affairs program broadcast on Kentucky Educational Television each Friday, debuted in November 1974. Smith was its host, discussing with a panel that included journalists, professors and other experts important issues to Kentucky, until he retired 33 years later.

Smith, of Lexington, is the author of a memoir, Wordsmith: My Life in Journalism, which was published this month.

The Madison Award was created by the Scripps Howard First Amendment Center in 2006 and is awarded annually to a Kentuckian who has made significant contributions to the efforts of a free press or freedom of speech. Smith is the sixth recipient.

The Madison Award will be presented at 5:30 p.m. on Nov. 15. Mark Feldstein, former investigative reporter for CNN and ABC News, will then deliver the State of the First Amendment address. The event is free and open to the public in Room 106 of the White Hall Classroom Building on the UK campus.

Tuesday, August 4, 2009

AP Managing Editors give Kentucky's big papers 1st Amendment, public-service awards

The Courier-Journal and the Lexington Herald-Leader are among recipients of awards announce yesterday by the Associated Press Managing Editors. The Herald-Leader won a Public Service Award for its recent series of reports on appointed government boards and local-government lobbying and service groups, while the Louisville paper won a First Amendment Award for its successful seven-year fight to reveal donors to the University of Louisville Foundation.

"The legal battle between the newspaper and the university began in 2001 after the paper requested the names of people who donated to the university's McConnell Center, which Senate Minority Leader Mitch McConnell, R-Ky., helped found," Emilu Udell writes for The C-J. "The foundation argued that it was not a public agency and so was not subject to the Kentucky Open Records Act." (Read more)

"The Herald-Leader won the Public Service Award given to newspapers with a circulation of 40,000 to 150,000," the paper and AP report. The paper's "It's Your Money" series "has examined spending at Blue Grass Airport, the Lexington Public Library, Kentucky League of Cities and Kentucky Association of Counties. The stories revealed that the groups had spent hundreds of thousands of dollars on questionable travel, meals and other expenses. After the initial airport stories appeared, the director of the airport resigned, as did several top members of his staff." (Read more)

For the full list of winners, from APME, click here.

Tuesday, May 12, 2009

Lawyer unworried by court open meetings ruling

First Amendment lawyer Jon Fleischaker, architect of Kentucky's open records law, says he's unworried by a federal appeals court ruling that the Texas Open Meetings law could be unconstitutional.

"Perhaps I'm foolish," Fleischaker said in an email, "but I am not bothered. Efforts to use this case will spread, but I do not think the court's reasoning or the result is logical or will be adopted."

A panel of The Fifth Circuit U.S. Court of Appeals in New Orleans ruled Monday in Rangra v. Brown that elected officials have a First Amendment right to talk to each other in private despite the Texas Open Meetings law. It said the Texas law would have to pass stringent constitutional muster and ordered the original trial court to review the case, which involved two city council members exchanging emails on whether to call a council meeting on a public contract issue. The lower court had said the email exchange violated the state law.

The Reporter's Committee for Freedom of the Press has urged the full appeals court to rehear the case, fearing the decision could bring constitutional challenges to open meetings laws across the country

"If this decision is allowed to stand, local elected officials throughout the Fifth Circuit could violate the open meetings laws in their states with impunity," said Lucy A. Dalglish, executive director of the Reporters Committee. "Such a scenario would make a mockery of open government in those states."

A more detailed report on the case can be found at www.rcfp.org/newsitems/index.php?i=10747