Kentucky high court won't hold newspaper in contempt

By The Associated Press

12.20.02

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FRANKFORT, Ky. — A newspaper that publishes material sealed by a court cannot be cited for contempt if the source of the information was not the sealed record itself, the state Supreme Court ruled yesterday.

The ruling turned down a request by the Roman Catholic Diocese of Lexington, which had asked for the contempt citation against The Courier-Journal of Louisville for publishing material contained in a lawsuit by parishioners. The lawsuit alleges abuse by Catholic priests and claims the diocese didn't do enough to prevent abuse.

The Aug. 24 article came eight days after the Supreme Court ordered that the information remain secret while the courts considered whether The Courier-Journal and the Lexington Herald-Leader should have access to it.

The newspaper did not disclose the source of the information its reporter used, but its lawyer said that neither he nor the newspaper had received copies of the sealed material.

In the 5-2 opinion signed by Chief Justice Joseph Lambert, the court said the order did not preclude any publication of the material. If that had been the case, it would have been an instance of prior restraint, which would have raised First Amendment concerns about censorship.

Instead, the order only prohibited the newspaper from publishing material that had been obtained directly from the court documents, Lambert said.

The diocese did not allege the material for the newspaper report came directly from court records, and the newspaper therefore did not violate the order.

Justices Donald Wintersheimer and William Graves, who were the most persistent and pointed questioners of the newspaper’s lawyer during oral arguments, dissented.

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Diocese wants Kentucky newspaper held in contempt
Church seeks sanctions against The Courier-Journal for publishing parts of lawsuit that diocese is trying to keep sealed.  08.28.02