Blog
ASNE joins effort to overturn orders issued in mine explosion case
- By: ASNE staff
- On: 02/26/2015 15:28:14
- In: Amicus briefs
The case involves the 2010 explosion of the Upper Big Branch Mine in Sago, W.Va., which resulted in several casualties. The district judge issued a gag order, which prevents just about any party to the case from publicly speaking about the case, and a sealing order, which applies to almost all documents filed in the case.
ASNE recently joined an amicus brief that seeks to overturn a gag order and sealing order issued by a federal trial court judge in the case of U.S. v. Blankenship.
This case involves criminal charges against the former chairman and CEO of Massey Energy, the company that owned the Upper Big Branch Mine in Sago, W.Va. The mine exploded in 2010 and resulted in several casualties. The district judge issued a gag order, which prevents just about any party to the case from publicly speaking about the case, and a sealing order, which applies to almost all documents filed in the case. These orders are supposed to be in place until a verdict is entered.
The Associated Press; NPR, The Wall Street Journal; the Charleston Gazette; and Friends of West Virginia Public Broadcasting, Inc., intervened in the District Court case for the purpose of challenging the orders. The district judge upheld her order.
The Reporters Committee for Freedom of the Press drafted an amicus brief filed with the U.S. Court of Appeals for the Fourth Circuit, which emphasizes the important constitutional issues at stake, why a broad ranging and long-lasting gag order and sealing order violate the First Amendment, and how the media use court documents to better inform the public without threatening the defendant's right to a fair trial.