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Shame on USU for agreeing to
Scalia's demand to exclude video cameras
Editor's note: Penny Byrne is an associate professor
of journalism and communication at Utah State University.
She teaches media law, which is a required class for
all JCOM majors.
By Penny Byrne
September 15, 2008 | A designated public forum is a
place that the government opens to the public for some
particular purpose -- a meeting perhaps, or some gathering.
Usually when a controversy erupts over the use of a
forum, it's related to the speakers at the forum --
someone is demanding access to the podium or the microphone.
Hardly ever is someone demanding simple access to the
room. And hardly ever is the one demanding access a
member of the press.
Yet -- that is exactly what happened Monday at a most
unlikely place -- a publicly funded university at a
conference titled, of all things, "Freedom and
the Rule of Law." The circumstances were at the
very least annoying -- and at the worst quite troubling.
Associate Justice of the Supreme Court Antonin Scalia
was scheduled to give the keynote address at the political
science department's much publicized conference. The
presentation was also widely advertised as "free
and open to the public." "All are invited
to attend." With one exception. The broadcast
press would be excluded. Only
the broadcast press. Members of all other media would
be welcome. They could take notes; they could make audio
recordings. You see, Justice Scalia has a longstanding
personal dislike of people with video cameras. The basis
of that bias is not altogether clear -- but he writes
into his speaking contracts that all video cameras (except
those he specifically approves) will be barred from
his venues.
I teach broadcast journalism. When I told my students,
who produce a Webcast and cablecast news progam at Utah
State, that they would be barred from covering one of
the biggest news stories they would see in years, they
were outraged. Words like "press rights" and
"First Amendment" leaped to their lips --
but mostly they just asked "WHY?"
It's a question I can't answer. But I have a question
of my own. It's one for my university. It's the same
one. WHY? Why did you allow this to happen? How could
you let anyone close the door of a public forum to anyone
-- much less members of the press? A university?
A place that should be standing for the greatest possible
degree of freedom of expression? The greatest level
of access to ideas?
I am ashamed for us. For all of us at Utah State University.
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