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Bryant Judge Must Explain Prior Restraint

by TChris

Transcripts of a closed hearing in Kobe Bryant's case may soon enter the realm of public information. After a court reporter mistakenly emailed the transcripts to seven media organizations, District Judge Terry Ruckriegle ordered the organizations to destroy the transcripts without publishing their contents.

Now the Colorado Supreme Court is reminding Judge Ruckriegle that the First Amendment generally bars courts from imposing a prior restraint upon the press. Since Judge Ruckriegle's order not to publish the transcripts plainly constitutes a restraint against publication, the state supreme court wants him to justify the order. No explanation is likely to overcome the media's First Amendment right to report the news, even if a court meant to keep it behind closed doors.

Whether or not the transcripts are newsworthy, they certainly contain the kind of subject matter that sells newspapers.

The transcripts deal with attempts by Bryant's attorneys to introduce information about the accuser's sex life and about money she has received under the state Crime Victims Compensation program.

The supreme court will consider the legality of Judge Ruckriegle's order after July 7, the deadline for the media to reply to the judge's explanation.

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