WYOMING--A Wyoming judge
ruled Tuesday to dissolve a temporary restraining
order against the
Wyoming Tribune Eagle and the
Cheyenne Herald
that prevented the newspapers from publishing a leaked report concerning the
president at Laramie County Community College.
On April 12, the college initially denied the Tribune Eagle access
to the report based on a claim that disclosure would violate the Family
Educational Rights and Privacy Act, or FERPA. On May 21, the Tribune
Eagle, through an anonymous source, received a copy of the report, which
contains information regarding President Darrel Hammon's conduct while
chaperoning a 2008 student trip to Costa Rica.
A Tribune Eagle reporter called the college for an interview the
morning of May 21, and by that afternoon the paper had received a restraining
order issued by Judge Peter Arnold, said Tribune Eagle executive editor
Reed Eckhardt. The order blocked the newspapers from publishing any information
regarding the report for at least 10 days.
The Cheyenne Herald posted portions of the report on its website
without contacting the college first. However, it then removed the report after
Arnold issued the injunction, said Dave Featherly, publisher and editor of the
Herald.
The lawyers representing the college maintained that since the report also
contains student names, releasing any information pertaining to the report would
violate provisions of FERPA and put the school in danger of losing all U.S.
Department of Education funding, according to the court order.
In his Tuesday ruling, the judge said that there was no substantial
evidence to show that publication of the material would be a violation of FERPA
jeopardizing the college's federal funding. Both parties agreed to submit
their respective documents to the judge over the weekend for his review in place
of having a hearing.
"My client is gratified with the careful consideration of the court
and its accurate reflection of the law," Bruce Moats, attorney for the
Tribune Eagle, said. "The larger picture here is the whole idea of
allowing the college to go through the court to try to reach into the composing
room and direct what is going to be published. If the newspaper does something
wrong, then that can be addressed after the publication. That's the
appropriate time, not before."
In fact, Moats said court-ordered injunctions are practically unheard of in
the United States. The Wyoming Press Association and the
Society of Professional
Journalists both came out with statements condemning Arnold's initial
prior restraint order.
"The judge made the right call and the only call he could make under
the First Amendment. Nothing less than an imminent danger to the country's
national security justifies restraining a newspaper from publishing," said
Frank LoMonte, executive director of the Student Press Law Center. "Its
disturbing that a college would hide behind a bogus claim of confidentiality to
conceal unflattering information. FERPA is about having an effective
confidentiality policy -- the department [of education] is not going to shut
down an entire college for a single disclosure."
Eckhardt said the contents of the report focus on the president's
actions, not the students', and that the paper has a story prepared to run
in Wednesday's paper about the report with the student names edited out.
"From my perspective, it's not anything that's shocking
or that would cause him [the president] to lose his position," Eckhardt
said. "It's somewhat frustrating for me that the college would go
through this much effort to withhold information that clearly in my mind belongs
to the public domain. That they would go to these kinds of measures to withhold
this report is particularly concerning."
The lawyer for Laramie County Community College hadn't returned calls
as of press time.
By Sommer Ingram, SPLC staff writer