TV station appeals judge’s order blocking broadcast of video
JACKSON, Miss. — A Hattiesburg television station has asked the Mississippi Supreme Court to allow it to broadcast video it acquired of alleged abuse at the Forrest County Juvenile Detention Center.
Forrest County Youth Court Judge Mike McPhail last week barred WDAM from showing the video. McPhail ruled that WDAM failed to provide evidence of a need in showing the video.
The Supreme Court had not ruled as of Jan. 14 on the petition or set a hearing date.
Leonard Van Slyke, a First Amendment attorney representing WDAM, said on Jan. 14 that a supportive brief was being prepared and numerous national media organizations — including the Associated Press — had agreed to sign on to it.
WDAM has reported that a former employee of the detention center said the video shows alleged abuse of juveniles at the hands of guards. The station has reported that the sheriff's office confirms one guard was fired in 2009 for beating a juvenile, but so far no charges have been filed.
Van Slyke said that WDAM, in its petition filed on Jan. 13, argued that McPhail's order was an “unconstitutional prior restraint” on its ability to “publish truthful information of public significance.”
The station said that neither the youth court nor the state had shown any reason to control WDAM's use of the video.
Van Slyke earlier said that the tapes were a matter of public interest and that the station had a First Amendment right to air them.
McPhail had said the video would jeopardize juvenile privacy, while Van Slyke said privacy would be protected.
The petition states that WDAM had agreed to not disclose the identities of the juveniles involved and to “blur” the faces of the juveniles in the video to protect their identities.
The First Amendment Center is an educational organization and cannot provide legal advice.
Ken Paulson is president and chief executive officer of the First Amendment Center at Vanderbilt University and in Washington, D.C. Previously, Paulson served as the editor and senior vice president/news of USA Today.
Gene Policinski, senior vice president and executive director of the First Amendment Center and president and chief operating officer of the Diversity Institute, is a veteran journalist whose career has included work in newspapers, radio, television and online.
John Seigenthaler founded the First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.
Dr. Charles C. Haynes is director of the Religious Freedom Education Project at the Newseum. He writes and speaks extensively on religious liberty and religion in American public life.
David L. Hudson Jr. is an expert in First Amendment issues who writes for firstamendmentcenter.org and for other publications. Hudson teaches law and was a scholar at the First Amendment Center.
Tiffany Villager is director/First Amendment studies at the First Amendment Center, which she joined in 1993. She also served as the center’s research manager and research coordinator, and developed the center’s library.
