Federal appeals panel overturns reporters' contempt charges
By The Associated Press
07.11.00
Printer-friendly page
RICHMOND, Va. — A federal appeals court has reversed contempt
citations against two North Carolina reporters who read secret court papers and
refused to identify confidential sources.
A three-judge panel of the 4th U.S. Circuit Court of Appeals on July 6
overturned the case against Cory Reiss and Kirsten B. Mitchell, reporters for
the Morning Star of Wilmington,
N.C.
Three years ago, Reiss and Mitchell reported on a confidential $36
million settlement between Conoco Oil Co. and residents of a Wilmington
neighborhood. A federal judge had sealed the settlement.
The appeals panel ruled the judge improperly sealed the documents by
not providing public notice or an opportunity for interested parties to
object.
"The court's opinion vindicates our belief they (the reporters) did
the right thing," said attorney Hal Chen, who helped represent the newspaper's
parent company, The New York Times Co.
In 1995, residents of two Wilmington trailer parks sued Conoco for
allegedly contaminating their drinking water with gasoline. A jury found the
oil company liable for fraud and negligence in covering up spills.
Before damages were set, however, the two sides reached a settlement,
which U.S. District Judge W. Earl Britt sealed.
Soon thereafter, the newspaper published a story revealing the
settlement, which involved 176 residents.
Reiss had learned through two anonymous sources that the settlement
was for $36 million. Mitchell discovered court documents supporting the
sources' claim.
After the story appeared, Britt fined Mitchell $1,000 and demanded
that Reiss divulge his sources. When Reiss refused, he was sentenced to jail.
The fine and jail order had been put on hold pending the appeals court
ruling.
The Morning Star reported
on July 7 that Mitchell and the newspaper had been found guilty of contempt and
ordered by Britt to pay $500,000 in fines and other costs that brought the
total to around $600,000.
The newspaper also quoted Mitchell, who is now a reporter in the Media
General News Service bureau in Washington, as saying, "I never wavered in my
belief that I did the right thing. The ruling reaffirmed the right of
anyone to walk into a government office and read those documents."
Jon Sasser, an attorney for Conoco, said the ruling would encourage
lawsuits and discourage confidential settlements.
Previous
Appeals court: N.C. reporter can remain free while fighting judge's order
Morning Star journalist faced jail Monday if he didn't reveal sources for article on a confidential settlement.
10.29.98
Related
Court overturns reporters' contempt charges, but rulings are nothing to cheer about
By Douglas Lee In North Carolina contempt cases, 4th Circuit pays lip service to constitutional right to gather news but ultimately ducks critical issue.
07.20.00
Judicial secrecy: a case of hubris in the court
Ombudsman What's going on in the nation's courtrooms?
02.26.98
N.C. journalist argues contempt charges should be dropped
Media lawyer Floyd Abrams tells federal appeals court that judge's finding 'violates the core of the First Amendment.'
10.28.98
N.C. newspaper to appeal reporter's fine for reading secret document
Judge's decision is 'deeply at odds with the First Amendment,' says attorney.
02.25.98
Free-press advocates join N.C. newspaper in secret-settlement dispute
New York Times Co. attorney confident that the Constitution will prevail
05.12.98
