Jimmy Wales wrote:
I agree that as a matter of taste, we should (for now) keep this page deleted. However, as a matter of law, there is no reason for us not to publish this information.
Fred Bauder wrote:
We are in violation of an order of the District Court of Eagle County, Colorado. Get rid of it completely.
I'm not sure exactly what you're talking about here, but I don't think that's accurate.
http://www.post-gazette.com/FirstAmendment/20030730kobep5.asp
"The judge presiding over Kobe Bryant's sexual assault case warned reporters that they may not get a seat in his courtroom if they publish the name or photograph of the basketball star's alleged victim. Critics said the ruling may be unconstitutional."
I think that ruling *is* unconstitutional, but even so, it only applies to those reporters who wish to have a seat in that courtroom, which obviously doesn't apply to us.
She's named in the article cited above, but I don't feel particularly concerned about that one way or another. Canada takes such things a little more seriously, and doesn't see such gag orders as violations of free speech since in most cases (except where children are involved) the matter will become public eventually anyway. Contaminating jury pools is the usual excuse for such things, but there not going to call me for jury duty there anyway. So it doesn't matter if I know her name, and do I do with that information now that I do know?
The CBC recently did a piece on the first person to be killed in a case of on ice hockey violence in 1905. His attacker was charged with murder, and subsequently was acquitted on a reduced charge of manslaughter. What really struck me was that the on-ice event took place in March of that year and by the end of April the trial was over. If the court system got on with its work instead of dragging things out for years, maybe such gag orders wouldn't matter anyway. Instead the legal system has become a high priced welfare system for high income lawyers who benefit by keeping cases in the system as long as possible.
Ec