Baltimore Sun Co. v. State

667 A.2d 166, 340 Md. 437, 24 Media L. Rep. (BNA) 1362, 1995 Md. LEXIS 151
CourtCourt of Appeals of Maryland
DecidedNovember 13, 1995
DocketNo. 35
StatusPublished
Cited by12 cases

This text of 667 A.2d 166 (Baltimore Sun Co. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltimore Sun Co. v. State, 667 A.2d 166, 340 Md. 437, 24 Media L. Rep. (BNA) 1362, 1995 Md. LEXIS 151 (Md. 1995).

Opinion

MURPHY, Chief Judge.

This case involves the extent to which a juvenile court can limit the media’s use of information when that court gives the media access to a previously confidential juvenile proceeding. We hold that while a court can place reasonable restrictions on [443]*443the media’s use of information obtained in a confidential juvenile proceeding, it cannot limit the media’s publication of information which it legitimately collected from other sources, and cannot condition access to the juvenile proceeding upon the media’s publication of material specified by the court.

I

This is the second time that issues arising from these proceedings have warranted our review. See In re Maurice M., 314 Md. 391, 550 A.2d 1135 (1988), rev’d, Maurice M. v. Bouknight, 493 U.S. 549, 110 S.Ct. 900, 107 L.Ed.2d 992 (1990). In our prior opinion, we set out the facts surrounding this case in detail. Id. at 394-97, 550 A.2d 1135. On January 23, 1987, Maurice M., the three-month old son of Jacqueline Bouknight (Bouknight), was admitted to the hospital with a broken leg. Following Maurice M.’s hospitalization, the Baltimore City Department of Social Services (DSS) filed a petition in the Circuit Court for Baltimore City (Division of Juvenile Causes), seeking a determination that Maurice M. was a child in need of assistance under Md.Code (1984) § 3-801(e) et seq. of the Courts & Judicial Proceedings Article.

After a hearing on August 18, 1987, and based upon the child’s injuries and other indicia of abuse, Maurice M. was placed under an Order of Protective Supervision to the DSS. On April 18, 1988, the DSS filed a petition representing that Bouknight had failed to cooperate with it. The DSS also filed a Motion for Contempt, alleging that when its representatives made a home visit on April 7, 1988, they were told that Maurice “was in the care of an aunt” but that Bouknight refused to identify the aunt or provide the child’s whereabouts.

Following a hearing on the contempt motion, Bouknight was arrested and brought before the circuit court (Mitchell, J.). When Bouknight refused to reveal the whereabouts of her son, the court found her in civil contempt and entered an order specifying that Bouknight be jailed until she purged herself of the contempt by producing Maurice M. in court, revealing his [444]*444whereabouts to the court, or providing sufficient information about Maurice M. to the court, the DSS, or the police. Bouknight continued to refuse to divulge her son’s whereabouts, and remained in jail until this year. After arguments had been heard on the issues now before us, the court released Bouknight from jail subject to her compliance with certain conditions imposed upon her by the court in the exercise of its continuing jurisdiction over the case.

We are not here concerned with the substantive merits of the proceedings regarding Maurice M. Instead, we consider the validity of the conditions under which the court afforded media access to these juvenile proceedings. Prior to January, 1995, the court had determined that Maurice M.’s best interests were served by closing the proceedings to the media.

On January 17, 1995, The Sun, a newspaper published in Baltimore, and other media representatives filed a motion for leave to intervene and for access to proceedings and certain papers filed in Maurice M.’s case. After a hearing, the court entered an order dated January 17, 1995 granting the media access to further proceedings on the condition that “[a]ny reference to the respondent shall not be to his full legal name; reference will be to ‘Maurice’ or ‘Maurice M.’ ” On January 26, 1995, The Sun published an article containing a computer-enhanced image of Maurice M. with a caption identifying the juvenile as “Maurice Bouknight.” The Sun obtained the computer-enhanced photograph from the Baltimore City Police Department. “Maurice Bouknight” is not Maurice M.’s legal name.

Following the article’s publication, the court conducted a hearing to determine whether The Sun’s publication of the photograph and identification of the child as “Maurice Bouknight” violated the court’s January 17 order. The Sun contended that the publication of the photograph was not a violation of the court’s order, and that its reference to Maurice M. as “Maurice Bouknight” was inadvertent. The court disagreed, viewing the caption on the photograph as “an attempt to get around the Order by publishing not his legal name, but [445]*445a name of identification.” It expressed surprise that the police department would release the photograph, stating that “it should know better.”

On January 26, 1995, the court proposed to amend its existing order to provide that

the child ... shall only be referred to as Maurice M. or Maurice. The last name of the child shall not be used in any way in publication, either in print or broadcast. No likeness, photograph or visual representation of any kind of the child shall be used or displayed in any news media publications.

The court placed a condition upon its issuance of the amended order by directing that its full text be published in all editions of The Sun on January 27,1995. The court said that “[a]bsent [publication of the order], frankly, we are prepared to deny your access.” When The Sun declined to print the court’s proposed order, the court, by order dated January 26, denied the media further access to the case.

The Sun and other media representatives petitioned the court for reconsideration of its January 26 ruling. On February 6, 1995, the court issued a memorandum and order in which it asserted that its original order of January 17 forbade the publication of any “photographic likeness” of Maurice M. The court identified the source of the photograph as the public affairs office of the Baltimore City Police Department, which had decided to distribute the photograph to the media without asking the court’s permission. Asserting that “the newspaper cannot obtain succor from the mistake of the Baltimore City Police Department in assuming it had the independent authority to release the photograph,” the court entered an order on February 6, 1995 allowing access to the proceedings for all media organizations except The Sun.

The court said its decision to exclude The Sun was “based on [The Sun’s] deliberate editorial decision to disregard the order of the court, and its apparent unwillingness to abide by the laws pertaining to confidentiality with respect to juveniles in Maryland.” For all members of the media other than The [446]*446Sun, the court’s February 6 order allowed access to the proceedings on the conditions that “the media shall not print the full legal name of the Respondent, but may refer to him as ‘Maurice’ or ‘Maurice M.’” and that “[n]o likeness, photograph, or visual representation of any kind of the child as presented in court or made an exhibit shall be used or displayed in any news media publication.”

The Sun appealed the juvenile court’s order to the Court of Special Appeals, asking it to reverse the lower court’s denial of access. Before the Court of Special Appeals issued a decision, we issued a writ of certiorari and brought the case to this Court.

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Bluebook (online)
667 A.2d 166, 340 Md. 437, 24 Media L. Rep. (BNA) 1362, 1995 Md. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-sun-co-v-state-md-1995.