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Monday, November 05, 2007

Judge says Utah TV reporter can get out of contempt by doing a story that doesn't have to air

Two weeks ago, a federal judge in Utah found KUTV reporter Katie Baker, left, in contempt of court for her on-air interview of a jury candidate in a highly publicized rape trial last month in rural St. George. A few days ago, the Society of Professional Journalists sent a letter to District Judge James Shumate asking him to drop the charges, since Baker had no knowledge of his decorum order that reporters avoid potential jurors during the selection process.

Instead of sending Baker to jail, Shumate put the ruling on hold for 90 days and ordered her to produce a public service story, reports the Salt Lake Tribune. A court spokeswoman said the story didn't have to be aired, but by producing it Baker would erase the charges. SPJ leaders said the ruling was troubling both for the punishment and the fact it targeted someone who did not know about the decorum order in the first place.

"The Court’s contempt order creates a worrisome precedent for other news reporters covering Utah courts," wrote, Clint Brewer, SPJ national president, and David Cuillier, national FOI chairman. "The precedent could make all reporters subject to contempt violations for unknowingly failing to comply with the provisions of court decorum orders. Furthermore, we believe it is unconstitutional to punish Ms. Baker by ordering her to create a public service story ... The First Amendment protects against compelled speech and government interference in the editorial process."

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