TV reporter says charge not constitutional
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

SALT LAKE CITY - A television reporter found in contempt for disregarding a court order in the criminal trial of a polygamous-sect leader wants the ruling thrown out, contending the decision violates her First Amendment rights.

Katie Baker's attorneys said the U.S. Constitution protects the news media from government censorship, and that 5th District Judge James L. Shumate's findings are threatening to media freedoms.

''Fundamental to the protections afforded the press under the First Amendment is the principle that the press should be independent of government control,'' attorney David Reymann wrote in court papers filed Friday.

Reymann has asked Shumate to stay his ruling so Baker can appeal to a higher court.

Utah State Courts spokeswoman Nancy Volmer said Shumate could address the filing as early as today, when news media outlets seeking access to sealed case documents are already scheduled for a hearing.

Shumate found the KUTV reporter in contempt after the broadcast of her interview with a prospective juror in the trial of Warren Jeffs, head of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Shumate said the report violated a decorum order that banned contact between reporters and the jury pool before the September trial. Shumate said Baker could purge the order if she produces a ''public need'' story within 90 days of his Oct. 17 ruling and provides a copy to the court.

Baker has said she didn't know about the no-contact provision and made a mistake by doing the story.

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