Local judge blocks law journal from publishing information obtained legally

A District of Columbia Superior Court judge switched course and ruled the National Law Journal could not publish information in a fee dispute even after it obtained the information through public court documents before the judge decided to seal them. -db
Local judge blocks law journal from publishing information obtained legally
http://www.rcfp.org/newsitems/index.php?i=11501
The Reporters Committee for Freedom of the Press
July 26, 2010
By Mara Zimmerman
The National Law Journal has been prohibited by court order from publishing information it obtained legally.
D.C. Superior Court Judge Judith Bartnoff issued a temporary restraining order against the National Law Journal last Friday after she discovered the news organization was planning to publish a story regarding the fee dispute between District of Columbia-based law firm Hogan Lovells and one of its former clients, beverage maker POM Wonderful. POM had hired Hogan Lovells to represent the company during a regulatory investigation.
According to the terms of Bartnoff’s order, the Journal is not allowed to publish certain information, including the name of the government agency that was conducting the investigation. The news organization had legally obtained the information through public court documents before POM convinced the court that six of the documents should be sealed.
“If I am throwing 80 years of First Amendment jurisprudence on its head, so be it,” the judge reportedly said. She also allegedly indicated that the court’s interest in maintaining the integrity of the docket overrides First Amendment concerns.
The National Law Journal believes that Judge Bartnoff’s actions violate the First Amendment and is currently working on an appeal.
Copyright 2010 The Reporters Committee for Freedom of the Press.
A District of Columbia Superior Court judge ruled the National Law Journal could not publish information in a fee dispute even after it obtained the information through public court documents before the judge decided to seal them. -db

The Reporters Committee for Freedom of the Press
July 26, 2010
By Mara Zimmerman

The National Law Journal has been prohibited by court order from publishing information it obtained legally.

D.C. Superior Court Judge Judith Bartnoff issued a temporary restraining order against the National Law Journal last Friday after she discovered the news organization was planning to publish a story regarding the fee dispute between District of Columbia-based law firm Hogan Lovells and one of its former clients, beverage maker POM Wonderful. POM had hired Hogan Lovells to represent the company during a regulatory investigation.

According to the terms of Bartnoff’s order, the Journal is not allowed to publish certain information, including the name of the government agency that was conducting the investigation. The news organization had legally obtained the information through public court documents before POM convinced the court that six of the documents should be sealed.


“If I am throwing 80 years of First Amendment jurisprudence on its head, so be it,” the judge reportedly said. She also allegedly indicated that the court’s interest in maintaining the integrity of the docket overrides First Amendment concerns.

The National Law Journal believes that Judge Bartnoff’s actions violate the First Amendment and is currently working on an appeal.

Copyright 2010 The Reporters Committee for Freedom of the Press