One of several Scalia-related issues that needed addressing
The biggest issue won't be resolved until he retires.
Quote of note:
'The United States government has acknowledged that it violated the rights of the reporters and their employers by requiring the erasure of their tape recordings of Justice Scalia's speech," Van Slyke said. ''We feel this is certainly an appropriate concession.
''What remains before the court are constitutional issues, and the question of whether the United States will be enjoined from taking similar actions in the future," Van Slyke said.
What remains before the court is the actual substance of the issue.
Anyway…
Marshals faulted for asking reporters to erase Scalia speech
By Ron Harrist, Associated Press | September 15, 2004
JACKSON, Miss. -- The government has conceded that the US Marshals Service violated federal law when a marshal ordered reporters with the Associated Press and the Hattiesburg American to erase their recordings of a speech by Supreme Court Justice Antonin Scalia.
The Justice Department also said the reporters and their employers are each entitled to $1,000 in damages and reasonable attorneys' fees, which had been sought by the media organizations.
The government's concessions were contained in court papers filed Friday in response to a lawsuit by the news organizations.
While agreeing the federal Privacy Protection Act forbids the seizure of the work product of a journalist, the government said the plaintiffs were not entitled to an injunction that would bar the Marshals Service from a repeat of the incident.
