03.20.07
St. Louis Chapter Posts Full Conference Schedule
Click here to view the full schedule for the upcoming Region 7 SPJ Conference (3-pages, PDF). Click on the above logo for the conference page.
Saint Louis Chapter Founded in 1932 | Open to Journalists from all forms of media
Click here to view the full schedule for the upcoming Region 7 SPJ Conference (3-pages, PDF). Click on the above logo for the conference page.
The St. Louis Professional Chapter of SPJ is pleased that the Missouri Court of Appeals quickly overruled a Jackson County judge’s reckless decision to censor the Kansas City Star and alternative publication The Pitch.
On Friday, Judge Kelly Moorhouse imposed a temporary restraining order that forced the removal of online stories and prohibited the publication of articles citing a Board of Public Utilities internal document. She made this decision despite a long history of constitutional law that prohibits such prior restraints against the press.
Instead, Moorhouse elevated BPU’s right to conceal internal communication over the First Amendment and the public’s right to know about possible violations of federal clean air laws. What makes this even more outrageous is the fact that BPU is a publicly owned entity created for the benefit of the people of Kansas City, Kansas.
As expected, the appeals court corrected a terrible decision; both publications can now pursue the truth regarding BPU. Still, the St. Louis Chapter is deeply troubled about the effects of lower court decisions that blatantly disregard constitutional law and the critical role that an unrestrained press plays in an open and free society. Though such flawed decisions are ultimately indefensible, they weaken society’s respect for a free press and the resolve to defend the First Amendment.
THE KANSAS CITY PRESS CLUB
FOR IMMEDIATE RELEASE
March 4, 2007 CONTACT:
Dick Nelson dicknelson459@gmail.com
PRESS CLUB CALLS JUDGE’S RULING “BLATANTLY UNCONSTITUTIONAL”
The Kansas City Press Club today issued a statement calling a local judge’s ruling against two local newspapers “blatantly unconstitutional.”
Jackson County Circuit Judge Kelly Moorhouse ordered management at The Kansas City Star and The Pitch to remove articles from the Web and not to publish them in the newspapers. The articles are based on a confidential document concerning the Kansas City, Kan., Board of Public Utilities’ power plant upgrades. The six-member BPU board is elected by the public.
Moorhouse has by extension taken the ridiculous step of placing the BPU in a position of greater relevance than the Pentagon, which lost a landmark prior restraint battle based on a national security argument made in 1971, Press Club Vice President Jack “Miles” Ventimiglia said Sunday.
“The Pentagon Papers case involved secret, federal government information leading to U.S. involvement in the Vietnam War, but this case involves only a tiny public utility,” Ventimiglia said. “How Moorhouse can look at the milestone Pentagon Papers case, then rule for prior restraint, is mind-boggling.”
In the Pentagon Papers decision, Justice Hugo L. Black stated, “Both the history and language of the First Amendment support the view that the press must be left free to publish news, whatever the source, without censorship, injunctions or prior restraints.” Black further stated that “every moment’s continuance of the injunctions … amounts to a flagrant, indefensible, and continuing violation of the First Amendment.”
“What part of those statements, made with stunning clarity, does Moorhouse, who holds the position of circuit judge, fail to understand?” Ventimiglia asked. “We believe Moorhouse’s ruling is absurd and that more astute legal minds will end this blunder.”
The Press Club supports an expedited ruling in the case, which for now is not scheduled.
STATEMENT BY THE KANSAS CITY PRESS CLUB RE RULING IN KANSAS CITY BOARD OF PUBLIC UTILITIES vs. THE KANSAS CITY STAR AND THE PITCH NEWPAPER.
The Kansas City Press Club expresses its deep concern over the blatantly illegal and unconstitutional ruling barring the Kansas City Star and The Pitch from publishing articles about the Kansas City, Kansas, Board of Public Utilities.
The order from Jackson County Circuit Judge Kelly Moorhouse also ordered the Star and The Pitch to remove articles from their Web sites.
The stories were based on a confidential document addressing the B.P.U.’s power plant upgrades.
The Press Club believes that the order will be overturned quickly on appeal, because it is clearly and flagrantly at variance with previous court decisions in similar cases. Prior restraint has been repeatedly declared contrary to the First Amendment of the U.S. Constitution, which protects the news media from censorship prior to publication or broadcast.
The Press Club looks forward to an expedited hearing on appeal, and a quick decision overturning Judge Moorhouse’s ill-advised ruling. Adopted via email by the Board of Directors 3 March 2007
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