Roundup: Former Louisiana governor cites gag order in call for re-trial

07.12.00

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Former Louisiana Gov. Edwin Edwards, his son Stephen Edwards, ex-governor's aide Andrew Martin, Eunice cattleman Cecil Brown and Baton Rouge businessman Bobby Johnson say they should get a new trial in a casino licensing extortion case because U.S. District Judge Frank Polozola violated their constitutional right to a public trial. Polozola issued a gag order and held numerous private sessions before and during the trial without reason, attorneys for the defendants said in their motion June 30. The motion also challenges the judge's order keeping the identities of the jurors secret and the dismissal of a juror after deliberations began. Associated Press

Santa Fe school trustees voted July 6 to eliminate a policy that allowed student-led prayer before football games, declared unconstitutional by the U.S. Supreme Court last month. The policy had allowed students to deliver "a brief invocation and/or message" over a loud speaker before football games. The case, which originated in Santa Fe in 1995, resulted in a 6-3 Supreme Court ruling last month barring students from leading stadium crowds in prayer. The court ruled that a school that gives students a public forum for prayer is effectively sponsoring the message. Associated Press

The Chronicle Publishing Co., McClatchy Newspapers, Inc., the Hearst Corp. and the Associated Press filed a joint motion July 7 seeking access to information the government says helps justify its pursuit of the death penalty against Cary Stayner, a motel handyman accused of killing Yosemite naturalist Joie Armstrong. The news groups want the court to vacate an order that seals evidence prosecutors propose to use to prove Armstrong was killed in "an especially heinous, cruel and depraved manner." The groups claim U.S. District Judge Anthony Ishii violated the First Amendment by failing to provide proper notice or hold a hearing before sealing information that has historically been open to the public and "plays a significant role" in determining a death sentence. Associated Press

Hopkins Park's former treasurer, Pam Basu, filed a lawsuit June 30 against Tony Perry, a Kankakee County developer with ties to Gov. George Ryan, Mayor David Leggett and other village officials, alleging that they fired her for speaking against construction of a prison near her farm. She wants reinstatement to her job as well as back pay, legal fees and punitive damages. She was fired April 24 for what Leggett called job-performance issues. Basu has maintained she lost her job because she made negative comments to reporters about Leggett, Perry and the prison project. Associated Press

Ronald Kidwell, who posted candidates' statements on his Web site, did not violate Ohio election laws and was simply exercising his free-speech rights, the Ohio Elections Commission ruled July 6. Kidwell acted independently and not as part of a political action committee when he posted online information about candidates for local office, the commission said. Therefore he did not violate a law that requires PACs to register as such with the state. Kidwell said he has invited every local candidate to submit viewpoints and that he posts everything he receives from them on the site. Associated Press

The federal government issued new rules July 6 that say colleges and universities will be allowed to disclose more information about campus crimes. Under the new rules, which take effect August 7, schools can release the names of students accused and convicted of criminal violence by campus courts. Also, under the new rules, parents of college students who are under age 21 can be notified if their child breaks campus alcohol or drug rules. Disclosure is limited to the name of the accused perpetrator, the nature of the offense and the sanction imposed for cases resolved after Oct. 7, 1998. Names of victims and witnesses remain classified. Security on Campus, Inc. News.

Colorado has reached an agreement with a tavern owner who was threatened with the loss of his liquor license for permitting profanity in his establishment. The state will quit threatening tavern owners with that penalty, and the owner of Leonard's Bar II in Colorado Springs will withdraw his civil rights complaint under the plan. Department of Revenue spokeswoman Dorothy Dalquist said July 6 the state decided to stop enforcing the profanity regulation because it is antiquated. A state agent had seized 29 signs, 21 of which included the "f" word, from Leonard Carlo's bar on Aug. 31, citing the now-abandoned 1979 regulation prohibiting profanity in bars. Associated Press

The public will get just one chance to view a school surveillance video authorities say shows 13-year-old Nathaniel Brazill shooting his teacher on the last day of school, but the images won't be broadcast on TV or seen in newspapers. In a July 6 ruling over the release of the videotape, Circuit Judge Richard I. Wennet called the video a public record but barred media from taking still photographs or making copies of the tape when it is given a yet-to-be-scheduled public viewing at the county courthouse in Florida. Brazill is charged with first-degree murder with a firearm in the May 26 gunshot slaying of teacher Barry Grunow. Associated Press

Many parents are upset that the Free Library of Philadelphia allows children as young as 12 to check out movies containing violence and nudity without parental consent. Library officials say their policy is no different from that in force in other cities. And many of the library's 100,000 instructional films, children's movies and feature films, including some that are rated R, can help children with their school work, said library President Elliot L. Shelkrot. The issue arose late last year when the library decided to lower the age for full borrowing privileges from 14 to 12. Shelkrot said the change in policy, which had been in effect for more than 40 years, was made only after a yearlong study by library staff and a committee vote. City Councilman Frank Rizzo said he wants to hold hearings on the age requirement. Associated Press

After legislative outrage in response to the broadcast of two documentaries on homosexuality, the Idaho Board of Education endorsed the airing of periodic disclaimers on the state's Educational Public Broadcasting System last week. But the controversy could be moot next year. State Sen. Mel Richardson, R-Idaho Falls, intends to propose a bill during the next legislative session to privatize Idaho Public Television. Republicans endorsed Richardson's idea in a resolution during their June convention in Pocatello. State Sen. Hal Bunderson, R-Meridian, who spearheaded an attempt during the 2000 Legislature to establish guidelines for public television, supports Richardson's effort. Bunderson said the board guidelines do not address the Legislature's main concern: defining the role and mission of public television in Idaho. Associated Press

A Louisiana sheriff and the American Civil Liberties Union are clashing over a skating rink closed down by the sheriff who called it a place of "immorality." The ACLU filed a lawsuit July 7 in district court against the sheriff's office of Iberia Parish, about 120 miles west of New Orleans, asking to reopen Skate Zone. On Feb. 10, Skate Zone owner Frank Torries and manager Tricia Boudoin were arrested by sheriff's deputies and booked for contributing to the delinquency of minors in conjunction with a fight that had broken out at the rink six days earlier, the ACLU said. Deputies seized 60 compact discs from Skate Zone, saying the rap and hip-hop music caused the fight. Associated Press

Chris Brown's faculty advisers at University of California at Santa Barbara had no problem with the science in his master's thesis on abalone shells. But after reading his two-page "disacknowledgements" section peppered with profanity and insults directed at faculty members, they refused to put it in the school's library. Brown, who believes it's his First Amendment right to preface his paper the way he wants, has sued the university seeking to force the school to put the thesis -- offending section included -- in the campus library. University administrators -- who didn't grant Brown his degree for almost a year -- said he has the right to his opinions but that they have a right not to endorse them. Associated Press

Denver officials who promised confidentiality to applicants for police chief acknowledged they broke Colorado's open-records law and agreed to disclose finalists' names this week. When Mayor Wellington Webb announced July 7 that interim Chief Gerry Whitman would become the new chief, he said three other finalists had been promised confidentiality to protect their current jobs. Under Colorado law, candidates for executive positions can remain confidential only if they are not finalists. Finalists are defined as anyone in the running 21 days before a final decision, anyone who gets an interview or anyone among the six remaining candidates. Associated Press

Indianapolis Mayor Bart Peterson has proposed a city curfew ordinance to counter a federal judge's ruling last week that struck down Indiana's decades-old curfew law as unconstitutional. U.S. District Judge John D. Tinder ruled the state curfew law was too broad and did not include enough exceptions. Under the ruling, police are barred from making curfew arrests based on the previous law. Peterson said the proposed city ordinance will comply with Tinder's order. For example, the ordinance will allow for teens to participate in after-hours events protected by the First Amendment, such as a political protest or a government meeting. Associated Press

A New Jersey judge said July 7 he expects to rule within a week on Newark's bid to dismiss a civil rights lawsuit by citizens seeking the right to speak at City Council meetings. The citizens want a ballot initiative requiring five of the nine council members to be present during public-comment periods put before voters. Residents are now generally allowed to speak only before a meeting starts. A change enacted in February, after a petition campaign for the ballot initiative, also allows people to address the council about ordinances up for a second reading, the final stage before a council vote. Associated Press

Napster Inc. filed documents on July 3 opposing a preliminary injunction sought by the Recording Industry Association of America, which would shut down the company's file-sharing service. Napster claims that its service allows users to copy music for personal rather than commercial use (a claim which immunizes the company from copyright infringement under the Audio Home Recording Act of 1992) and that shutting down the company would violate the free-speech rights of both Napster and its users. The company contends that its service has been beneficial to record labels, citing an increase in CD sales since Napster began operations last year. The RIAA said that Napster is engaged in "wholesale piracy." Associated Press, The Hollywood Reporter

Update

Owner asks judge to reopen skating rink closed for playing 'vulgar' music
Sheriff seized 60 CDs, including 'The Hokey Pokey,' closed rink after fight involving juveniles.  08.03.00

Related

Napster shutdown not a free-speech issue, experts say
Company says eliminating song-sharing service would violate First Amendment, but free-speech experts say copyright infringement not protected under Constitution.  07.27.00

Federal judge bars public, press from Louisiana corruption trial
Media outlets ask appeals court for access to trial of former Gov. Edwin Edwards.  09.19.00