Judge refuses to bar anonymous online comments about murder trial

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Paul Levy" <plevy () citizen org>
Date: April 15, 2009 11:51:25 AM EDT
To: <dave () farber net>
Subject: Judge refuses to bar anonymous online comments about murder  
trial

Richard Baumgartner, a criminal court judge in Knoxville, Tennessee, has
rejected a novel motion by defendants in a murder case to order the
Knoxville News-Register to either close its stories about the case to
online comments, or to order the News-Register to require all online
commenters to post their "true names and other identifying information,"
and establish guidelines for posting about the case and use "real time
monitors" to prevent over-the-line comments from being posted The motion
claimed that the online comments would create prejudice preventing a
fair trial, and that some comments were threatening the defense lawyers,
and suggested that requiring identification would both discourage
comments that go over the line and make it possible to prosecute
speakers who nevertheless transgress.  In the alternative, the
court-appointed defense lawyers asked to be relieved of the appointment
because they were being threatened

The court refused, citing the right to speak anonymously, and noting
that none of the comments brouigth to the court's attention "rise to a
level which would require allowing counsel to withdraw at this time."
The prosecutor indicated that he is ready to "to investigate and/or
prosecute anyone who anonymously or otherwise engages in criminal
conduct toward any person, be it attorney, victim’s family member,
court personnel or otherwise"

The News-Sentinel story on the case, which includes links to the ruling
and the relevant briefs, is at
http://www.knoxnews.com/news/2009/apr/15/media-site-posters-in-Knox-carjack-slaying-can-sta/

I would assume that the defendants in the case will use this as a
ground for appeal if they are convicted, so the issue is likely to be
litigated further.

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation




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