The Pittsburgh Post-Gazette cannot sue local officials over laws that
restrict the ability of reports to cover the election and new
identification rules, a federal judge ruled.
The newspaper claimed that Section 3060(d) of Pennsylvania Laws unconstitutionally barred its reporters and photographers from polling places for the November election.
It said press coverage of the polls would be crucial since it was the first year implementing the state's new photo identification law. The federal complaint named as defendants Pennsylvania Secretary Carol Aichele, the Allegheny County Electronics Division and Elections Division Manager Mark Wolosik.
Claiming violations of its equal protection rights as well as the First and Fourth Amendments, the newspaper contended that enforcement of statue 3060(d) "would interfere with the ability of Post-Gazette reporters to observe and cover the interactions between voters and election officials on Election Day." It also said other reporters had better access to record and report.
U.S. District Judge Nora Barry Fisher disagreed and dismissed the amended complaint with prejudice.
"Because 3060(d) 'does not target or single out' newspaper reporters for disfavored treatment, the First and Fourth Amendments do not forbid its enforcement against them," Fischer wrote. (58,1)
"No opinion is expressed as to whether 3060(d) imposes a 'mandatory' duty of enforcement on election officials, or as to whether those officials remain free to provide the access sought by PG on a 'discretionary' basis," the 58-page decision states.
She added: "It suffices to say that the present circumstances do not justify 'federal-court oversight' of the manner in which election officials in Allegheny County discharge their duties on Election Day."
Read more: http://www.courthousenews.com/2012/11/08/52128.htm
The newspaper claimed that Section 3060(d) of Pennsylvania Laws unconstitutionally barred its reporters and photographers from polling places for the November election.
It said press coverage of the polls would be crucial since it was the first year implementing the state's new photo identification law. The federal complaint named as defendants Pennsylvania Secretary Carol Aichele, the Allegheny County Electronics Division and Elections Division Manager Mark Wolosik.
Claiming violations of its equal protection rights as well as the First and Fourth Amendments, the newspaper contended that enforcement of statue 3060(d) "would interfere with the ability of Post-Gazette reporters to observe and cover the interactions between voters and election officials on Election Day." It also said other reporters had better access to record and report.
U.S. District Judge Nora Barry Fisher disagreed and dismissed the amended complaint with prejudice.
"Because 3060(d) 'does not target or single out' newspaper reporters for disfavored treatment, the First and Fourth Amendments do not forbid its enforcement against them," Fischer wrote. (58,1)
"No opinion is expressed as to whether 3060(d) imposes a 'mandatory' duty of enforcement on election officials, or as to whether those officials remain free to provide the access sought by PG on a 'discretionary' basis," the 58-page decision states.
She added: "It suffices to say that the present circumstances do not justify 'federal-court oversight' of the manner in which election officials in Allegheny County discharge their duties on Election Day."
Read more: http://www.courthousenews.com/2012/11/08/52128.htm
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