| Baltimore sun lawsuit against gov ehrlich { February 14 2005 } Original Source Link: (May no longer be active) http://www.washingtonpost.com/wp-dyn/articles/A23346-2005Feb14.htmlhttp://www.washingtonpost.com/wp-dyn/articles/A23346-2005Feb14.html
Baltimore Sun's Lawsuit Against Gov. Ehrlich Dismissed Editor Calls Ruling 'Scary', Says Paper Plans to Appeal
By Wiley Hall Associated Press Monday, February 14, 2005; 3:01 PM
BALTIMORE -- A federal judge on Monday dismissed a lawsuit challenging Gov. Robert Ehrlich's order barring state employees from contact with two writers from the Baltimore Sun.
U.S. District Court Judge William Quarles ruled the newspaper was seeking more access to government officials than that accorded a private citizen.
"The right to publish news is expansive. However, the right does not carry with it the unrestrained right to gather information," said the judge in his order.
"The Sun seeks the declaration of a constitutional right that neither the Supreme Court nor the Fourth Circuit has recognized," Quarles said later in the eight-page order.
Sun editor Tim Franklin said the ruling was "scary."
"If any citizen was not paying attention before, I hope they're paying attention now," Franklin said. "Essentially, what the court is saying is that it's OK for a politician to create an enemies list."
Franklin said the paper was preparing an appeal to the Fourth Circuit Court of Appeals and would seek an expedited hearing.
"We're going to fight this," Franklin told The Associated Press. "It's not only unconstitutional, it's undemocratic."
Ehrlich, at an event in suburban Washington, said he would not comment on the dismissal until he can review the court decision.
Ehrlich issued the order last fall, barring state employees from talking to the Sun's State House bureau chief David Nitkin and columnist Michael Olesker.
"Effective immediately, no one in the Executive Department or Agencies is to speak with David Nitkin or Michael Olesker until further notice," said the e-mail to approximately 225 government officials, which was quoted in Quarles' order. "Do not return calls or comply with any requests. The Governor's Press Office feels that currently both are failing to objectively report on any issue dealing with the Ehrlich-Steele Administration. Please relay this information to your respective department heads ..."
In December, the Sun filed suit in federal court, asking that the order be lifted because it violated the First Amendment rights of the two journalists by denying them the same opportunities to seek information as other news organizations and citizens.
The newspaper subsequently asked Quarles for a preliminary injunction to lift the ban while the newspaper's case against the governor proceeded. The state had asked for the case to be immediately dismissed.
In his decision Monday, Quarles said the Sun could not demonstrate irreparable harm or the likelihood of success in the case on its merits.
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