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Monday, May 10, 2004

Independent Judiciary?

Gannett, AP Sue U.S. Marshals for Erased Scalia Tapes
Mon May 10, 2004 03:34 PM ET
NEW YORK (Reuters) -

Two media companies and two of their reporters accused the U.S. Marshals Service in a lawsuit on Monday of violating their constitutional rights by confiscating recording devices during a speech by U.S. Supreme Court Justice Antonin Scalia and erasing his remarks.

Antoinette Konz, who works with the Gannett newspaper the Hattiesburg American, and Denise Grones, who works with the Associated Press, were covering Scalia's appearance at a high school in Hattiesburg, Mississippi, on April 7 for a talk on the U.S. Constitution. U.S. Deputy Marshal Melanie Rube demanded they turn over their tape recorder and digital recorder, Gannett said in a statement. The reporters received their equipment back after Scalia's comments were erased.

Gannett said the federal suit seeks nominal damages and an injunction prohibiting the Marshals Service from seizing and erasing reporters' recordings. The suit names Rube, other marshals and the service as a whole and was filed in U.S. District Court for the southern district of Mississippi. A Marshals Service spokesman said the service could not comment on any pending litigation.

"It is ironic this seizure took place while Justice Scalia was making a speech about preserving the Constitution," said Gary Watson, president of Gannett's newspaper division. "We're taking this unusual action because the justice system must step in and bring these illegal actions to an immediate halt."

Scalia, who did not play a role in the marshals' action, last month issued a rare written apology calling the incident "upsetting and indeed enraging," according to the Hattiesburg American.

The Supreme Court Justice said in a letter to the newspaper that the marshals were enforcing his general practice of not allowing the recording of his public appearances for broadcast, which had not been communicated to reporters at the event. Scalia said in the future he would not object to print media recording his comments to ensure accuracy, according to the newspaper.
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