Judge Orders Law Tribune Not To Publish Story

In a ruling that is drawing sharp criticism from free-speech advocates, a Superior Court judge has ordered the Connecticut Law Tribune not to publish a story about a child custody case.

Judge Stephen Frazzini on Monday granted a motion filed in New Britain Superior Court by the mother of the three children involved in the case that sought to stop the Law Tribune from running the story.

Daniel J. Klau, the lawyer representing the Law Tribune, objected to the mother's motion, saying a prior restraint on the publication was a violation of the First Amendment. The information for the story, he said, was lawfully obtained by the Tribune. He declined to elaborate about the information.

"Prohibiting the publication of a news story is the very essence of censorship," Klau said. On Tuesday, he filed a motion asking the state's appellate court to stay the lower court's injunction.

"We certainly hope that the judges review the motion immediately and overturn the order or, at a bare minimum, grant us an immediate hearing in the appellate court next week, if not earlier," Klau said.

Klau said the judge's ruling, which Frazzini made orally from the bench Monday, and a transcript of the proceedings were sealed from public view as of Tuesday. He said he was barred from speaking about specifics of the judge's ruling, even with his own client. The Connecticut Law Tribune is owned by American Lawyer Media.

In an email statement Tuesday, Sandra Staub, legal director of the American Civil Liberties Union of Connecticut, called the ruling "alarming" and an infringement on free speech.

"The courts are supposed to protect speech, not prohibit it," Staub said. "Prior restraint is forbidden under the U.S. Constitution, with extremely narrow exceptions that do not apply in this case, and in our view is absolutely prohibited by the Connecticut Constitution."

A widely recognized exception is in cases that involve national security.

In a story on the Law Tribune's website posted Tuesday, Thomas B. Scheffey wrote that Monday's proceedings were held in juvenile court where the hearings are not usually open to the public.

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Judge Orders Law Tribune Not To Publish Story