Legal Question in Constitutional Law in Kansas

Media Responsibility

If a serial killer such as BTK or Zodiac writes letters to the media, are they obligated to publish those letters, etc. or should they respect the wishes of law enforcement if they request for them not to be published? What exactly is the media's responsibility in publishing things to keep the public informed and to appease law enforcement? Is there a definitive line and who gets to determine that line?


Asked on 9/19/05, 8:40 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Media Responsibility

May I add that the particular individuals you name also have First Amendment protections, and although convicted of heinous crimes, may not have those rights arbitrarily abridged. They may have views to express which, although controversial, are nonetheless entitled to expression in a free society.

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Answered on 9/20/05, 9:46 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Media Responsibility

The media is pretty much free to publish or withhold such materials as it sees fit; except in very extreme situations the First Amendment will protect their decision either way. Most news outlets will honor a request from law enforcement not to reveal certain details, but such decisions are based on journalistic principles and not legal ones.

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Answered on 9/19/05, 9:15 pm


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