The predatory pricing suit against SF Weekly and Village Voice Media asserts that the Weekly sold ads below cost to push the Guardian out of business. (The suit also names former VVM property East Bay Express as a defendant.) VVM executive editor Michael Lacey thinks Bay Guardian publisher/editor Bruce Brugmann is using the Weekly as a "scapegoat" for his own problems in dealing with new challenges in print media. "[The lawsuit] is how he's hoping to maintain his business in a really tough media market," Lacey tells The San Francisco Daily Journal, a local legal publication. But Brugmann disputes this notion. "From our point of view, the fact that the economy is not good and there are other problems in this business only makes this problem more acute," he says. Jury selection is set to begin tomorrow in San Francisco County Superior Court. Legal experts tell the Daily Journal that predatory-pricing cases face different odds depending on where they are filed, adding that California superior courts are generally seen as more friendly to plaintiffs than federal courts.
The ACLU of Michigan filed a federal lawsuit in Detroit today on behalf of Metro Times, three political parties, and a political consulting firm, to overturn a law that enables only the Democratic and Republican parties to obtain lists of people who will vote on Tuesday's presidential primary, the Detroit Free Press reports. The law, passed last August, doesn't require voters to register by party, so the ACLU is arguing that the party in which residents will cast votes is valuable to political parties, candidates, journalists and citizen groups.
The First Amendment provides no guarantee that witnesses should be able to see every step of an execution in Arkansas, a federal judge ruled as she dismissed a lawsuit by the Arkansas Times and local chapters of the ACLU and the Society for Professional Journalists, the AP reports. The suit sought to allow journalists to witness the prisoner as (s)he is led to the execution chamber, strapped down, and inserted with IVs. In her ruling, the judge wrote that executions have "moved from the public square to inside prison walls," an area where the U.S. Supreme Court has ruled reporters have no special right to access. "Even if constitutionally we don't have a right to be there at every step of that process, public accountability demands that we should be," Times editor Max Brantley says, adding that he and the other parties would confer with lawyers before deciding whether to appeal the ruling.
On Monday, George Bush signed into law the first revision of the Freedom of Information Act in a decade, the AP reports. The legislation, which cleared Congress last month, creates a system for the media and public to track the status of their FOIA requests. It also establishes a hotline service for all federal agencies to deal with problems and an ombudsman. Under the new law, federal agencies would be required to meet a 20-day deadline for responding to FOIA requests.
In October, as the New Times grand-jury probe fiasco bubbled to the surface, reporter Ray Stern was given a criminal citation for disorderly conduct after an argument over taking photos of public records at the sheriff's office. Stern said Monday that a Phoenix prosecutor offered him a fine of $100 or attending anger management classes in exchange for a guilty plea, the Associated Press reports. "I'm not going to (plead guilty)," he says. "I know I wasn't yelling."
Attorneys for the alt-weekly have filed legal papers with the California Court of Appeal arguing that a judge erred in finding the Indy in contempt of court for refusing to turn over all the crime scene photographs taken by Paul Wellman. The paper's attorneys argue the judge failed to provide any evidence there was "a reasonable possibility" that Wellman's unpublished photos "will materially assist" the defense attorney who asked for them. The legal standard required by California Constitution to penetrate California's shield law requires a reasonable possibility, the Indy reports.
"In our issue before the Kentucky Derby, we ran an ad for a bar that was holding a 'no celebrities allowed' party," LEO editor Cary Stemle tells AAN News. "At that time of year here, there's lots of fancy parties that involve celebs and it gets tons of attention," he explains. The ad read, in part: "If you have an agent, publicist, third world adopted baby, or front row seats to the Church of Scientology, you have no chance of getting in." Alfonso Lanceta, the chairperson of the enforcement board of the Metro Human Relations Commission, filed a formal complaint against the paper, contending that the ad's text attempted to prevent not Angelina Jolie and Tom Cruise from attending its party, but anyone who's adopted a person from the Third World, as well as all Scientologists. After spending more than $5,000 in attorney's fees, LEO settled with the Commission, and had to print an ad this week reaffirming its commitment to uphold non-discrimination standards. "This advertisement is an appeal to the common man in every sense of the term," a University of Louisville dean tells LEO. "I have to believe that the Metro Human Relations Commission didn't get the joke."
The paper has dropped its lawsuit asking a federal judge to declare the law that makes it a crime to publish the addresses of certain people on the internet unconstitutional, the Arizona Business Gazette reports. The statute was the one that began the recent grand-jury investigation of New Times and the arrests and controversy that followed. Since the threat of prosecution against the paper had been dropped, "it made no sense to tilt at windmills," Village Voice Media executive editor Michael Lacey tells the Gazette. However, since the case was dismissed "without prejudice," the paper could reinstate its case if there is any subsequent investigation. Lacey says he would hope all the publicity surrounding the case would convince the county attorney not to try to enforce that law against New Times or any other publication.
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