-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: March 4, 2007 9:24:01 PM PST
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Judge Bans Newspapers from Publishing Story "Detrimental"
to Corporation
Judge Orders 2 Papers to Remove
Stories from Web Sites
Published: March 03, 2007 8:30 PM ET
http://www.editorandpublisher.com/eandp/news/article_display.jsp?
vnu_content_id=1003553567
KANSAS CITY A judge has ordered two Kansas City newspapers to
remove articles about an area utility from their Web sites and
temporarily barred the papers from publishing the story.
Jackson County Circuit Judge Kelly Moorhouse issued the temporary
restraining order Friday against The Kansas City Star, a daily, and
The Pitch, a weekly alternative newspaper that publishes on Thursdays.
The judge also ordered the papers to remove articles about the
Board of Public Utilities of Kansas City, Kan., from their Web
sites. Both papers had posted the stories Friday before the order
but removed the articles by Saturday morning.
Both papers prepared stories about the operations at the BPU based
on a confidential document they received. The document was prepared
by Stanley Reigel, a Stinson Morrison Hecker attorney working for
the utility.
The judge's order said the document was privileged legal
communication and BPU would be "irreparably harmed" if the
newspapers didn't remove the articles from their Web sites.
Moorhouse said the BPU had "a protected interest in its attorney-
client privileged information and monetary damages which might
result from a publication of such information would be difficult or
impossible to measure in
money."
Editors from both papers said they would appeal the order.
Mark Zieman, editor and vice president of the Star, said the public
has the right to know about the operations of local utilities.
"To have a published story pulled from our Web site is
unprecedented and unbelievable," said Zieman. "When justice
prevails, we will publish our findings again."
C.J. Janovy, editor of The Pitch, said she was "appalled" by the
order and the paper planned to appeal.
Sam Colville, the Star's attorney, said the injunction violated the
constitutional rights of the media and also restricted the public's
right to be informed.
"Every moment The Star is restrained constitutes further damage to
the constitutional rights of each of us," Colville said.
A message left with the BPU by The Associated Press Saturday was
not immediately returned.
Moorhouse scheduled a hearing in the matter for 9:30 a.m. next
Friday, although the Star said its attorney would try to seek an
expedited hearing.
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