Tragedy and the Bill of Rights
Oct 5th, 2007 by Dave Olson
News that the two Boston firefighters had alcohol or cocaine in their systems when they died fighting a fire in a West Roxbury restaurant infuriated citizens and media alike earlier this week.
Newspaper readers and television news watchers were incensed the media reported the leaked results of the autopsy findings for Paul J. Cahill, 55, and Warren J. Payne, 53. Why smear the good name of two heroes who died trying to protect the public? Why endanger the survivor benefits of their family members?
Those of us in the media were equally furious — at Superior Court Judge Merita Hopkins. It was Hopkins, Boston Mayor Tom Menino’s former chief of staff, who barred WHDH-Channel 7 from reporting the news Wednesday. Hopkins’ argument was
Let’s take these one at a time:
– As disturbing as the news must have been to the fallen firefighters’ friends and family, this was certainly a story the public needed to know. According to reports, one firefighter had a blood alcohol level of .27; the other had cocaine in his system. Is this an isolated incident, or are alcohol and substance abuse a larger problem in the department ranks? Is the problem affecting the department’s ability to protect the city’s residents? These are questions that deserve answers.
– Hopkins’ move to bar WHDH from reporting its finding was a clear violation of the First Amendment. Appeals Court Judge Andrew Grainger said as much when he overturned the decision yesterday. I can’t put it any better than Douglas Lee, writing for the First Amendment Center:
Perhaps no First Amendment right is more secure than the news media’s right to publish information free from government censorship. While public officials frequently wish they could prevent newspapers, magazines and broadcast stations from publishing sensitive or embarrassing information, their ability to censor the media is extremely limited. These limits on prior restraint (as such censorship is also known) have been firmly in place for more than 70 years.
to “Tragedy and the Bill of Rights”
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1Jim Carlson said:
This is a very sad time.
It is sad for the families; It is sad for their comrades: It is sad for their memories and legacys.
There is no doubt that the results needed to be made public. Those who think otherwise should think of their sanctioning of a coverup, which it would be if it was not made public.
I heard one, ex-firefighter say “now when we go into a home to help someone, we will feel the families eyes on us, wondering.” This firefighter needs to think what it is that’s causing the eyes to be focused on them. It is the act not the publicity.