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Judge Orders Los Angeles Times to Delete Part of Published Article

nytimes.com

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Re: Judge Orders Los Angeles Times to Delete Part of Published Article

#51

Post by hkai »

yadaeno wrote: post #46

The times wrote about a confidential document that was mistakenly released to the pulblic. The judge who sealed the document in the first ordered the times to redact their article which goes against decades of case law and arguably the first amendment. Not only this but the Streisand effect seems to suggest that the court order will have the opposite than intended effect

I agree that rare, isolated incidents like this one will have the Streisand effect.

However, once this practice becomes routine, it will no longer be the case.

Re: Judge Orders Los Angeles Times to Delete Part of Published Article

#53

Post by astura »

jessaustin wrote: post #10
anothergoogler wrote: post #5

Here's the article before it was edited: https://web.archive.org/web/20180714180330/http://www.latime...

John Saro Balian, 45, pleaded guilty to one count each of soliciting a bribe, obstruction of justice and making false statements to federal investigators as part of a plea agreement he reached with prosecutors. The document was ordered to be filed under seal but appeared on PACER, a public online database for court documents. I'd say that last part is the part that got LAT in trouble... I rarely support the whole "un…

>this "ask for forgiveness not permission" stuff won't fly with many judges...

TFA makes it extremely clear that the First Amendment gives newspapers and others the right to publish information obtained from documents that end up available to public in error. All case law indicates that the LA Times waa acting fully within the boundaries of the law and did not need to "ask for forgiveness" or whatever.

This ruling is extremely unusual and clearly unconstitutional.

Heres is the full redacted part:

>The document was ordered to be filed under seal but appeared on PACER, a public online database for court documents.

>According to the agreement, filed in U.S. District Court, Balian agreed to cooperate with federal authorities by responding truthfully and completely in interviews and court proceedings. He is scheduled to be sentenced in September, when prosecutors are expected to recommend a reduced sentence.

>The charges to which he pleaded guilty carry a maximum sentence of 35 years in prison.

Re: Judge Orders Los Angeles Times to Delete Part of Published Article

#54

Post by omeid2 »

djsumdog wrote: post #49

There is a lot of crossover here and the Right to be Forgotten. The EFF opposed EU right to be forgotten laws because they could often be used in censorship (like in this very matter). In the US, there are fewer people who expunge criminal records because there are companies that will produced expunged records in background checks so long as they were public at any time. Banning this gets into 1st amendment grounds.…

> they don't have freedom of speech

I think the issue of freedom of speech is much more nuanced than that.

For example, even in places with "absolute freedom of speech", which I suspect is what you're implying, there is defamation laws that forbids certain kind of speech. There is also laws around hate speech and so forth.

Re: Judge Orders Los Angeles Times to Delete Part of Published Article

#55

Post by SamReidHughes »

FireBeyond wrote: post #50
SamReidHughes wrote: post #36

Earlier quoted context omitted.

It is if you make a derived work.

Show me all the court cases smacking down genuine derivative works or parodies. It does happen, but fairly rarely, and there's usually "more to it".

Dude, the treatment of derivative works is textbook copyright law.

Re: Judge Orders Los Angeles Times to Delete Part of Published Article

#60

Post by [deleted] »

garmaine wrote: post #43
jessaustin wrote: post #10

Earlier quoted context omitted.

John Saro Balian, 45, pleaded guilty to one count each of soliciting a bribe, obstruction of justice and making false statements to federal investigators as part of a plea agreement he reached with prosecutors. The document was ordered to be filed under seal but appeared on PACER, a public online database for court documents. I'd say that last part is the part that got LAT in trouble... I rarely support the whole "un…

> especially when it's in order to protect a corrupt dirtbag cop It was an order to protect his family from retribution from violent psychopaths that have in the past murdered not just informants / plea deal recipients, but their entire family in the most bloody way imaginable. I would not be surprised if the headline in a few days is about his wife and children dying in ways unfit to print. And it would be irrespons…

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