Federal appeals panel gives writer go-ahead to publish info

By The Associated Press

07.10.02

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CINCINNATI — A federal appeals court yesterday threw out a lower court's order that prevented a free-lance writer from using in a story information he obtained about security guards hired to protect an Ohio steel mill.

The 6th U.S. Circuit Court of Appeals rejected a Cleveland federal judge's 2000 order that said Michael J. Betzold couldn't use names or other information he obtained from a state agency about the guards AK Steel Corp. hired for its mill in Mansfield.

Betzold's lawyers argued that U.S. District Judge John Manos' order violated Betzold's First Amendment rights. A three-judge panel of the appeals court unanimously agreed, accepting Betzold's argument that he was prevented from trying to publish a story.

"Great protection is afforded by the First Amendment to the press' freedom to publish information relating to matters of public concern," appeals Judge Ronald Gilman wrote, joined by judges Eugene Siler Jr. and John Heyburn II. "Betzold's speech is entitled to this strong protection because he is a journalist who intends to write an article pertaining to a major labor dispute — a matter of public concern implicating the core purposes of the First Amendment."

AK Steel has been using managers and temporary workers to operate the Mansfield Works mill since a lockout began in September 1999 after contract talks with the United Steelworkers union failed. Security guards have been beaten for escorting temporary workers to the mill, pipe bombs have been placed on AK Steel's premises, tires have been slashed and bricks thrown through windows, company officials said.

AK Steel is reviewing the appeals court panel's ruling, company spokesman Alan McCoy said yesterday. He declined further comment.

The Steelworkers union hired Betzold, a former Detroit newspaper reporter, to help write an article about AK Steel and the security company it had hired, County Security Agency.

Ohio law requires that all security guard companies operating in the state obtain registration applications from their employees and file those documents with the Ohio Department of Commerce. The department is required to do background checks and keep records on licensed security companies and the guards they employ.

At Betzold's request, the state agency faxed him documents that contained the names of the Mansfield guards and their registration information, including dates of hire and whether they came from out of state. The documents did not contain the guards' Social Security numbers, home addresses, telephone numbers, photographs or dates of birth.

Betzold said he planned to write a story focusing on the backgrounds of the security guards — without using their names — and the impact that security companies have in communities where they operate.

AK Steel and the security company sued the Ohio Department of Commerce, saying they were concerned the Steelworkers union would use Betzold's information to harass and intimidate the guards.

Betzold stopped work on his article after Manos' ruling. Betzold's lawyer, Philip Hostak, said yesterday he doesn't know whether Betzold would now try to resume working on the story.