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State v. Stauffer Communications

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eBook details

  • Title: State v. Stauffer Communications
  • Author : Supreme Court of Kansas
  • Release Date : January 31, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

The opinion of the court was delivered by The primary question presented to this court is whether the State of Kansas may subject persons, including the news media, to criminal sanctions for publishing information concerning issuance of arrest warrants prior to execution and return thereof when such information is taken from public records. See K.S.A. 21-3827. The appellant, Stauffer Communications, Inc., was convicted on two counts of having violated the above cited criminal statute because of articles printed in the Topeka Daily Capital, a daily newspaper published in Topeka, Kansas. The facts are not in dispute. The sheriff in Douglas County was investigating the murder of Samuel Norwood. In the course of that investigation information came to the investigating officers which involved a stolen car and two occupants of that car. It appeared the occupants had some connection with the murder. Warrants were issued on complaints for the arrest of the two occupants of the car. The county attorney wanted the warrants executed before the two occupants could be alerted and leave the state. Sherry Pigg, a reporter for the Topeka paper, was in Lawrence. She apparently had become aware of the issuance of the warrants and of the names of the two occupants of the car. She interviewed the county attorney and asked him what link there was between the occupants and the Norwood murder. The county attorney requested that Ms. Pigg refrain from making any connection or further comment in her paper. Ms. Pigg requested the names. The county attorney refused to release any names. When Ms. Pigg said she already had the names, she was advised of the criminal statute, K.S.A. 21-3827, which prohibits publication until the warrants are executed and returned. Ms. Pigg then indicated she would print the names in her paper anyway. The county attorney advised her that if the names were printed he would file charges under the statute. The county attorney explained that he did not want the names disclosed because it might hamper efforts to locate and talk to the individuals about the murder.


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