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- <text id=90TT3224>
- <title>
- Dec. 03, 1990: American Notes:Trials
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Dec. 03, 1990 The Lady Bows Out
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 57
- American Notes
- TRIALS
- Hitting the Pause Button
- </hdr>
- <body>
- <p> Journalists and civil libertarians shuddered last week at a
- chilling decision by the U.S. Supreme Court. By a 7-to-2 vote,
- the Justices refused to rule on a Florida judge's order that
- temporarily bars Cable News Network from broadcasting government
- tapes of discussions between General Manuel Noriega and his
- defense team. U.S. District Judge William M. Hoeveler must now
- determine whether CNN's broadcast of the privileged con
- versations might jeopardize Noriega's right to a fair trial on
- drug-trafficking charges.
- </p>
- <p> This is the first time lawyers recall the court's allowing a
- "prior restraint" order to block a news organization from
- publishing or broadcasting news. In almost all earlier cases,
- the Supreme Court has equated prior restraints with censorship
- and declared them unconstitutional. "Now we have the government
- supporting a gag order on material the government gathered,"
- said Jane Kirtley, executive director of the Reporters Committee
- for Freedom of the Press. "It's frightening." Warned CNN's
- counsel Floyd Abrams: "The risk of this decision is that courts
- will order more brief prior restraints. From a journalism
- perspective, even a day or two can be an eternity."
- </p>
-
- </body>
- </article>
- </text>
-
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