US appeals court overturns gag order in deadly mine explosion case

Source: Associated Press

US appeals court overturns gag order in deadly mine explosion case

Associated Press in Richmond, Virginia
Thursday 5 March 2015 18.48 GMT

A federal appeals court on Thursday invalidated a sweeping gag order in the case of a former coal company executive accused of violating safety standards at a West Virginia mine where an explosion killed 29 men.

US district judge Irene Berger’s order prohibited just about anyone, including victims’ relatives, from speaking publicly about former Massey Energy CEO Don Blankenship’s case. The judge also kept most court filings secret.

Berger said the order was needed to protect Blankenship’s right to a fair trial in an emotionally charged case that has received intensive news coverage. Five media organizations challenged the order, arguing that it violated the first amendment by excessively restricting public access to judicial proceedings.

The three-judge panel, which heard arguments Tuesday in Richmond, said in its order that public access cannot be denied without proof of a “substantial probability” that pretrial publicity jeopardizes the defendant’s right to a fair trial.

[font size=1]-snip-[/font]

Read more: http://www.theguardian.com/us-news/2015/mar/05/court-overturns-gag-order-mine-explosion-west-virginia