Reporters entitled to record Scalia, government says:U.S. marshal was wron

[Judi Lynn]

Sept. 14, 2004, 8:58PM

Reporters entitled to record Scalia, government says
U.S. marshal was wrong to erase a tape of his speech
By RON HARRIST
Associated Press

JACKSON, MISS. - The government has conceded that the U.S. Marshals Service violated federal law when a marshal ordered reporters with the Associated Press and the Hattiesburg American to erase their recordings of a speech by Supreme Court Justice Antonin Scalia.

The Justice Department said the reporters and their employers are each entitled to $1,000 in damages and reasonable attorneys' fees, which had been sought by the media organizations. The concessions were contained in court papers filed Friday in response to a lawsuit by the news organizations.

While agreeing the federal Privacy Protection Act forbids the seizure of the work product of a journalist, the government said the plaintiffs were not entitled to an injunction that would bar the Marshals Service from a repeat of the incident.

The lawsuit filed in May will continue on the outstanding issues, including the request for an injunction, Leonard Van Slyke, a lawyer for the AP, said Tuesday.
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