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Sunday, March 23, 2008
Ind. Courts - "Fountain County judge's order blocked an Indy TV station from airing a parent's criticism of child welfare agency"
That is the headline of a story by Tim Evans in today's Indianapolis Star.. Some quotes:
Mark McGaha wanted to share his frustrations about the Department of Child Services with the public, but he never got the chance.McGaha did an interview with an Indianapolis TV station, but a Fountain County judge issued a restraining order barring the station from airing his complaints or even showing his face -- apparently without even having seen the footage.
The segment about family advocacy group Honk For Kids was broadcast March 13, without McGaha's comments and with his face blocked out in a group shot of parents.
A legal scholar called Judge Susan Orr Henderson's action unconstitutional and said it "borders on judicial misconduct."
"Quite simply, a judge does not have the authority to stop the press from publishing or airing a story," said Henry Karlson, a professor at Indiana University School of Law-Indianapolis. "Any person has a right to contact the press and say a public agency is not treating them right."
Karlson said the judge's action amounted to "prior restraint," or government censorship, which is a violation of the First Amendment. * * *
After the TV segment aired, Honk For Kids asked the station, WXIN (Channel 59), why McGaha's face had been blurred and was told of the restraining order. That was the first that anyone, including McGaha, had heard about the judge's action.
Gavin Maliska, news director at WXIN, said station officials discussed challenging the order, which was issued the day the segment was to air, but decided McGaha's contributions weren't essential to the story.
"It came down to principle versus practical," he said. "If it would have affected what we were trying to do with the story, we probably would have had a different outcome."
Maliska said the court order was sought by the guardian ad litem who represents McGaha's children in a Child in Need of Services case in Fountain County.
The guardian ad litem, Covington attorney Sue White, did not return calls from The Indianapolis Star, and the court would not release a copy of the order. Bailiff Dianne Cotten said it was part of the confidential records of the CHINS case and could not be made public.
However, a copy obtained by The Star showed that Henderson barred WXIN "from broadcasting any portion of an interview involving Mark McGaha and his minor children until such time as the guardian ad litem and/or court has an opportunity to review" the report.
The order said the injunction was issued to protect the best interests of the children. Karlson said that does not provide the constitutional standard for such an order.
"I see no basis on which a prior restraint could have been imposed," he said. "He has an absolute right to complain about his treatment by the court or any other government agency."
McGaha could appeal the judge's ruling, Karlson said, "but it's basically a moot point" because the opportunity to air his complaints on TV has passed.
"I don't know what's more outrageous: the judge ordering this and not knowing it violates the Constitution, or knowing and still issuing the injunction," Karlson said.
Posted by Marcia Oddi on March 23, 2008 08:39 AM
Posted to Indiana Courts