Judge in Jim Bell trial says media may not quote public documents

[Declan McCullagh]

http://www.wired.com/news/politics/0,1283,42894,00.html

   Cypherpunk Judge Warns Media
   by Declan McCullagh (declan at wired.com)
   8:00 a.m. Apr. 6, 2001 PDT
   
   TACOMA, Washington -- A federal judge has threatened media outlets
   with contempt charges if they quote from public documents on a court
   website, prompting outcries from journalist groups.
   
   U.S. District Judge Jack Tanner warned Thursday that anyone who
   published the name of a juror in the criminal trial of U.S. v. James
   Dalton Bell would go to jail. The list of jurors is available on the
   Pacer website provided by the federal court system.
   
   "No one in the print media, electronic media, no member of the
   prosecution, no witness for the prosecution, nor the defense lawyers,
   are to print, under any circumstances, the names of these jurors...
   under penalty of contempt," Tanner said.
   
   Gregg Leslie, the legal defense director for the Virginia-based
   Reporters Committee for Freedom of the Press, said: "The sweeping
   nature of such an order is not just unconstitutional, but truly
   outrageous. Its absurdity is compounded by the fact that it presumes
   toreach parties not subject to the court's jurisdiction."
   
   "Unfortunately, many judges seem to think that the old,
   well-established standards barring prior restraints on publication of
   truthful, lawfully obtained information don't apply to electronic
   records or other court information," Leslie said. "They do."
   
   Tanner is an unpredictable 82-year old jurist known to use his
   contempt powers broadly.
   
   In a prior trial involving Bell's defense lawyer, Robert Leen, Tanner
   briefly held Leen in contempt after his client's son acted up in
   court.
   
   Tanner also sealed the entire case file, including traditionally
   public documents such as the charges against the defendant, until the
   jury reaches a verdict. The trial is expected to conclude Friday or
   Monday.

   [...]

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