Media Fails Again

[alchemi]

17-year old Savannah Dietrich faces contempt charges for disobeying a court order and revealing the names of the two 17-year old boys who admitted to sexually assaulting her

Comments

[tediousandbrief]

My guess is that the media could also get contempt charges for disobeying a court order...

[alchemi]

They're claiming internal policies. Plus, how broad would the order have to be to cover a newspaper in a different state or country, over which the court (in theory has no jurisdiction) publishing information obtained from twitter?

[tediousandbrief]

Well, my guess is that it is, in part, because they're under 17. I cannot read the article for some reason. They may have internal policies not to mention the names of people underage without their/their parent's permission.

They can talk about the story without naming the names, which is what it sounds like they are doing.

Reading your FYI: how is this type of court order unconstitional?

[alchemi]

You are right that the internal policies of almost all of the reporting agencies is not to report the names of people who are underage without their parent's permission. It is a terrible policy.

I'll let Eugene Volokh describe the constitutional problems with that type of order. I would also think Nebraska Press Association is on point (at least if the order is interpreted as extending to the media).

[dcart]

I imagine you might disagree with me on this, but disobeying an unconstitutional court order is, in my opinion, at least as valid a form of fighting it as challenging it in court.

[alchemi]

I think it's absolutely valid. I just also think it may come with consequences. It's a bit like handcuffing one's self to someone else to block traffic at a protest. I can admire it, think it was a wise decision, and still think an arrest is the appropriate response. (In fact, I sometimes think arrest(s) are the goal of a well-organized protest).

[alchemi]

(In fact, part of what pisses me off is that I see this as an admirable protest and I am annoyed that the media is not reporting it).

[electricdruid]

I confess I'm not quite understanding why it would be okay to publish the name of the victim but not the names of the defendants.

[alchemi]

They say they are only publishing her name because she (and her mother) gave them permission. The same is not true of the defendants. So they're internally consistent, but wrong.

[zeitgeistic]

I hate this :(