Today’s opinions from the Arkansas Supreme Court are clear and unequivocal – the circuit court in this case was wrong in every facet of its entry of a gag order in this case. The opinions also make clear what should be obvious to anyone – the circuit court has demonstrated a pattern of efforts to shield the proceedings, and its role in them, from the public. The question that must be asked is why? At least three Justices found it obvious – self-preservation, not justice. From the prosecutor’s request for a sweeping gag order to the circuit court’s sealing the entire case – “in barely enough time to make a pot of coffee”- it is clear that the prosecutor and circuit court intended to stifle exactly what the First Amendment protects – criticism of elected officials. Indeed, the motion for the gag order was made in response to criticisms of the prosecutor and circuit court – rightful criticisms of their actions that “set off a chain of events that led to the fatal confrontation that’s the subject of this case. ” In fact, there remains no record of a public court proceeding that explains how or why the circuit court imposed a wholly ineffective bond on Michael Fosler that served to protect nobody. As the Court expressed, it is imperative in our system that the public be permitted to see the operations of justice, and that is especially important in a case like this one - where the public has a strong interest in a justice system that treats Aaron Spencer and others fairly and justly but also in a justice system that acts prudently to protect the public when necessary. When the light of transparency shines through, it is clear that neither the prosecutor nor the circuit court have operated to fulfill these important public interests as it relates to Michael Fosler or the Spencer family. It is no routine matter that three Justices on our highest court felt it important enough to formalize their belief that the circuit court’s actions in this case were so entrenched and troubling that another judge should take over in the case. It’s important to remember, too, that these unacceptable and unconstitutional efforts to stifle speech and foreclose criticism are not just the circuit court’s efforts but the prosecuting attorney’s as well. We hope that both officials take care to remove themselves from this case so as to indicate to the public that they understand and appreciate that fairness, transparency, and maintaining the appearance of impropriety are critical to our justice system. Thankfully, this State’s highest Court took great care in its analysis and made it very clear that this behavior is unconstitutional and intolerable. The Court has given clear guidelines for gag orders that will help the public, litigants, and courts across the state appropriately assess case-related speech as balanced with the strong First Amendment protections that are a bedrock of our society. No longer will state courts be permitted to allow a prosecutor to release alarming and potentially misleading information while a circuit court blanketly restricts a citizen’s public explanation of his innocence. “Gag orders are a last resort, not a first impulse. ” We appreciate the Arkansas Supreme Court turning the lights back on in Lonoke County.
katv.com
