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Thread: Iowa Judge Fucks Up Freedom of the Press

  1. #1
    Veteran Member Madeline's Avatar
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    Iowa Judge Fucks Up Freedom of the Press



    An Iowa Supreme Court justice has barred the Des Moines Register from publishing information obtained in court records, the newspaper reported Friday.

    The Register said it obtained copies of the court records before they had been sealed. The newspaper has objected to the justice's order, arguing that it amounts to an unlawful prior restraint – an action barring speech before it takes place.

    The Supreme Court has never upheld an action of prior restraint against the news media, an attorney for the Register noted, though it has suggested narrow national security exceptions may apply.

    The court documents contain information regarding Jaysen McCleary, a lawyer licensed in Iowa and now living in Montana, who has asked judges in recent months to seal court records from cases in which he was either the attorney or a plaintiff.

    McCleary has sued the Register and one of its reporters to stop the publication of a story about him, the newspaper reported.


    “Pending further order from this court, the defendants shall not disclose or share, other than with legal counsel, any information in the defendants’ possession that was obtained exclusively from the reports,” the order from Iowa Supreme Court Justice David Wiggins reads.

    A lawyer for the Register has requested that the Iowa Supreme Court vacate Wiggins' order.

    Earlier this month, Polk County District Judge Jeffery Farrell said that the Register nor the reporter were bound by court orders barring the court records' disclosure, because they had obtained the documents at a time when they were accessible to the public.
    Judge bars Iowa newspaper from publishing info from court records | TheHill

    Sounds as if some trial judge has been abusing his authority to seal court records, but no matter. If the NYT can publish the Pentagon Papers because of the First Amendment, the the Des Moines register can publish facts extracted from court files later placed under seal. That an Iowa state supreme court justice made such a monumental error of law is VERY disturbing.

    There is a rising level of ignorance about our basic freedoms, or a contempt for them, or both, across the country, IMO.

    Your thoughts?
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  2. #2
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    The right is disparaging the free press every day and twice on Sundays, it is the first step in creating a dictatorship...they want a state controlled and/or complicit press like Fox and Breitbart....

  3. #3
    Dick with my Buzz...Try DebateDrone's Avatar
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    I have expectations that if The Register will prevail...if not in the Iowa SC, then in the US Supreme Court.

    A right is never denied until the fat lady sings...and then the People get an encore call.
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    Veteran Member Madeline's Avatar
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    Quote Originally Posted by DebateDrone View Post
    I have expectations that if The Register will prevail...if not in the Iowa SC, then in the US Supreme Court.

    A right is never denied until the fat lady sings...and then the People get an encore call.
    Well, except that a news story won't be news in 10 years, when this case might, at the earliest, reach SCOTUS. The NYT "disobeyed" Nixon and printed the Pentagon Papers in defiance of his instructions via the DOJ, but the Des Moines Register may not choose to take that route.

    When the right to a free press is chilled, it is a SEVERE threat to our democracy.

    Amirite, @Ian Jeffrey? @Djinn? @Wonderer?

    Things are different in the UK and throughout the EU, I believe. Their governments do have the power to impose blackouts on certain news stories.

    Amirite, @Leo2, @galatin, @Kontrary?

    But in the U.S., we regard prior restraint as abhorrent to democracy except in cases of extreme national security issues, such as the location of our troops during a time of war.

    Embarrassing some fuckwhit in Iowa could never have that importance and could never support the constitutionality of this Iowa court fuck.up.

    Note: If you are too young to recall the publication of the Pentagon Papers, 1971, History.com is a great source for a brief explanation of what occurred.
    Last edited by Madeline; 17th December 2017 at 08:01 AM.
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    Council Member Djinn's Avatar
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    I don't think that "sealing court records" protects against the publication of records that have already been released.
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    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Djinn View Post
    I don't think that "sealing court records" protects against the publication of records that have already been released.
    It's such a grossly unconstitutional decision, and by a state supreme court justice, no less. It's very worrying to me, as I think freedom of the press is already under assault amongst the general public.

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    Vexatious Correspondent Leo2's Avatar
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    Quote Originally Posted by Madeline View Post
    Things are different in the UK and throughout the EU, I believe. Their governments do have the power to impose blackouts on certain news stories.

    Amirite, @Leo2, @galatin, @Kontrary?
    I am afraid that I am not an authority upon this subject, but AFIK, that is true - up to a point.

    The enabling factors are usually national security, or the personal privacy of innocent parties, or the protection of minors. Particular attention is given to matters concerning family law, and criminal law wherein minors are concerned (it is a serious offence to publish the name of a juvenile defendant). And obviously, publishing operational details of anti-terrorism and national security activities is not allowed.

    It would however, be a mistake to suppose that news blackouts are entirely at the discretion of the government - certain stringent conditions have to be met before that is allowed, and a government could fall if it were seen to do this capriciously.
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    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Leo2 View Post
    I am afraid that I am not an authority upon this subject, but AFIK, that is true - up to a point.

    The enabling factors are usually national security, or the personal privacy of innocent parties, or the protection of minors. Particular attention is given to matters concerning family law, and criminal law wherein minors are concerned (it is a serious offence to publish the name of a juvenile defendant). And obviously, publishing operational details of anti-terrorism and national security activities is not allowed.

    It would however, be a mistake to suppose that news blackouts are entirely at the discretion of the government - certain stringent conditions have to be met before that is allowed, and a government could fall if it were seen to do this capriciously.
    So this Iowa crap would not fly even in the UK?

    I rather thought so.

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    Veteran Member carpe diem's Avatar
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    Quote Originally Posted by OldGaffer View Post
    The right is disparaging the free press every day and twice on Sundays, it is the first step in creating a dictatorship...they want a state controlled and/or complicit press like Fox and Breitbart....
    The fourth estate has been lost and in it's place we have sound piece for all things liberal. Yes, the liberal left that wants authoritarian control...until they don't.

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    Quote Originally Posted by Madeline View Post




    Judge bars Iowa newspaper from publishing info from court records | TheHill

    Sounds as if some trial judge has been abusing his authority to seal court records, but no matter. If the NYT can publish the Pentagon Papers because of the First Amendment, the the Des Moines register can publish facts extracted from court files later placed under seal. That an Iowa state supreme court justice made such a monumental error of law is VERY disturbing.

    There is a rising level of ignorance about our basic freedoms, or a contempt for them, or both, across the country, IMO.

    Your thoughts?
    ABsoLUTEly to the final comment, and the cartoon was awesome too. In particular I'm concerned about how political correctness has been allowed to infringe on free speech (lest someone with high seniority on the victim hierarchy be offended), and I'm also concerned that so many people are so easily mislead regarding the second amendment to believe that the ability of law abiding citizens to defend themselves is somehow provocative. Oh, sure, the world would be safer if we were all helpless victims in waiting. And we can certainly count on would be criminals to obey whatever "public safety" regulations are posited to make gun violence impossible.

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